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DOUGLAS ELLIMAN OF LI, LLC v. ROSELLE BLDG. CO., INC.

2019-07558. Index No. 609544/18.

202 A.D.3d 754 (2022)

158 N.Y.S.3d 843

2022 NY Slip Op 00847

Douglas Elliman of LI, LLC, Appellant, v. Roselle Building Co., Inc., et al., Respondents.

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

Decided February 9, 2022.

Attorney(s) appearing for the Case

Lieb At Law, P.C., Smithtown, NY ( Mordy Yankovich of counsel), for appellant.

Twomey, Latham, Shea, Kelley, Dubin & Quartararo, LLP, Riverhead, NY ( Kathryn M. Dalli of counsel), for respondents.

Duffy, J.P., Iannacci, Miller and Christopher, JJ., concur.

Ordered that the order is affirmed, with costs.

The plaintiff, a real estate brokerage firm, entered into a written contract with the defendants to perform brokerage services with respect to certain real property owned by the defendants (hereinafter the subject property). The brokerage agreement provided for a 5% commission payable to the plaintiff in the event that the defendants entered into a contract of sale or actually...

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