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A.R. CONELLY, INC. v. NEW YORK CITY CHARTER HIGH SCH. FOR ARCHITECTURE, ENG'G & THE CONSTR. INDUS.

2019-08195, Index No. 507326/15.

206 A.D.3d 787 (2022)

170 N.Y.S.3d 571

2022 NY Slip Op 03880

A.R. Conelly, Inc., Doing Business as Fillmore Real Estate, Ltd., Appellant-Respondent, v. New York City Charter High School for Architecture, Engineering and the Construction Industry, Respondent-Appellant.

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

Decided June 15, 2022.

Attorney(s) appearing for the Case

Abrams Fensterman, LLP, Lake Success, NY ( Mark A. Longo , of Counsel) for appellant-respondent.

Freeborn & Peters, LLP, New York, NY ( David A. Pellegrino and Kathryn T. Lundy , of Counsel) for respondent-appellant.

Duffy, J.P., Iannacci, Maltese and Ford, JJ., concur.

Ordered that the order dated May 7, 2019, is affirmed insofar as appealed and cross-appealed from, without costs or disbursements.

In June 2015, the plaintiff commenced this action against the defendant to recover damages for breach of contract and to recover under a theory of quantum meruit. The plaintiff alleged that it was entitled to recover a brokerage commission pursuant to a commercial real estate commission agreement...

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