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NRT N.Y., LLC v. MIDDLEGATE FUNDING LLC

Index No. 652904/19. Appeal No. 15183. Case No. 2021-02513.

202 A.D.3d 427 (2022)

162 N.Y.S.3d 338

2022 NY Slip Op 00646

NRT New York, LLC, Doing Business as The Corcoran Group, Plaintiff, v. Middlegate Funding LLC, Respondent, and Commission Express National, Inc., Appellant, et al., Defendant.

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

Decided February 1, 2022.

Attorney(s) appearing for the Case

Holihan & Associates, P.C., Richmond Hill ( Jason Berke of counsel), for appellant.

Matalon PLLC, New York ( Yosef Rothstein of counsel), for respondent.

Concur—Kern, J.P., Friedman, Singh, Scarpulla, Rodriguez, JJ.

Nonparty debtor Magda Schenone entered into an agreement with plaintiff NRT New York, LLC d/b/a The Corcoran Group ("Corcoran"), entitling Schenone to splits on commissions resulting from closings of real estate transactions in which she acted as broker. Pursuant to this agreement, Schenone was entitled to a commission of $75,975 in connection with a property sale that closed on June 3, 2019. Corcoran commenced this action against three of Schenone's creditors Commission...

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