COLDWELL BANKER COMMERCIAL HUNTER REALTY v. RAINBOW HOLDING COMPANY, LLC

6306 654393/12.

160 A.D.3d 548 (2018)

72 N.Y.S.3d 434

2018 NY Slip Op 02728

Coldwell Banker Commercial Hunter Realty, Respondent, v. Rainbow Holding Company, LLC, Appellant, et al., Defendant.

Appellate Division of the Supreme Court of New York, First Department.

Decided April 19, 2018.


Defendant's motion was properly denied in this action where plaintiff asserts that it is entitled to a commission after presenting ready, willing, and able buyers to defendant for the sale of its property. The parties assert sharply conflicting accounts of the events leading up to the sale of the property; hence defendant failed to establish entitlement to judgment as a matter of law. The issues of fact involve resolution of credibility issues that cannot be resolved through...

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