Contrary to plaintiff's contention, there are no triable issues of fact precluding summary judgment. Arzt testified that plaintiff's commission was going to be based on any excess over a purchase price of $5 million. However, the complaint alleges that the property sold for only $4,925,000. Plaintiff's argument that the actual sales price could have reached or exceeded $5 million is unpreserved (see Ta-Chotani v Doubleclick, Inc.,
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KASSIN SABBAGH REALTY, LLC v. PENDROFF
654403/13, 8953A, 8953.
171 A.D.3d 525 (2019)
98 N.Y.S.3d 44
2019 NY Slip Op 02805
Kassin Sabbagh Realty, LLC, Appellant, v. Carol Pendroff et al., Respondents, et al., Defendants.
Appellate Division of the Supreme Court of New York, First Department.https://leagle.com/images/logo.png
Decided April 11, 2019.
Decided April 11, 2019.
Appellate Division of the Supreme Court of New York, First Department.
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