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CPEX REAL ESTATE, LLC v. TOMTRO REALTY CORP.

2019-05779. Index No. 504937/16.

202 A.D.3d 905 (2022)

163 N.Y.S.3d 539

2022 NY Slip Op 00999

Cpex Real Estate, LLC, Respondent, v. Tomtro Realty Corp., Appellant.

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

Decided February 16, 2022.

Attorney(s) appearing for the Case

Nia C. Cholakis , Troy, NY, for appellant.

Michael A. King , Brooklyn, NY, for respondent.

Dillon, J.P., Connolly, Brathwaite Nelson and Wooten, JJ., concur.

Ordered that on the Court's own motion, the notice of appeal from the decision is deemed a premature notice of appeal from the judgment (see CPLR 5520[c]); and it is further,

Ordered that the judgment is reversed, on the law, and the complaint is dismissed; and it is further,

Ordered that one bill of costs is awarded to the defendant.

On September 22, 2014, the plaintiff, a real estate broker, entered into a brokerage commission agreement with...

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