CC REALTY SERVS. LLC v. S. CAVALLO, INC.

Index No. 656282/16. Appeal No. 15651-15651A. Case No. 2021-02155.

204 A.D.3d 405 (2022)

163 N.Y.S.3d 809

2022 NY Slip Op 02222

CC Realty Services LLC, Appellant, v. S. Cavallo, Inc., Respondent, et al., Defendants.

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

Decided April 5, 2022.


Attorney(s) appearing for the Case

Goldberg Weprin Finkel Goldstein LLP, New York ( Matthew Hearle , of counsel) for appellant.

Landy Wolf PLLC, New York ( David A. Wolf , of counsel) for respondent.

Concur—Gische, J.P., Moulton, Shulman, Pitt, JJ.


Defendant established prima facie its entitlement to summary judgment, as the parties' 2014 amended brokerage agreement, which created an exclusive brokerage arrangement between plaintiff broker and defendant property seller, provided that there had to be a closing on sale of the property before plaintiff was entitled to its commission (Donald Yoo [N.Y.] Corp. v Tauber & Assoc., 281 A.D.2d 171 [1st Dept 2001]). While there was...

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