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VILLAGER CAPITAL ADVISORS, LLC v. UNION SETTLEMENT ASSN., INC.

Index No. 450962/18. Appeal No. 14103. Case No. 2020-03670.

195 A.D.3d 546 (2021)

145 N.Y.S.3d 806

2021 NY Slip Op 04003

Villager Capital Advisors, LLC, Appellant-Respondent, v. Union Settlement Association, Inc., et al., Respondents-Appellants.

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

Decided June 22, 2021.

Attorney(s) appearing for the Case

Law Office of Sean M. Kemp, Rhinebeck ( Sean M. Kemp of counsel), and Marvin and Marvin, PLLC, Rhinebeck ( John R. Marvin of counsel), for appellant-respondent.

Goldstein Hall, PLLC, New York ( Brian J. Markowitz of counsel), for respondents-appellants.

Concur—Renwick, J.P., Kennedy, Scarpulla, Mendez, JJ.

Plaintiff commenced this action, seeking (i) $104,001.78 in unpaid commission for the sale of two HDFCs and their assets; (ii) interest on the judgment at the rate of the full commission of $286,249 from January 31, 2018 to February 26, 2018; and (iii) interest on the unpaid balance from February 26, 2018. Plaintiff moved for summary judgment on its breach of contract claim, arguing that the term "gross sale price" in the brokerage agreement is unambiguous and means the total...

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