Mortgage Money Unlimited, Ltd. v. Schaffer

Appeal from an order of the Supreme Court (Monserrate, J.), entered July 1, 2002 in Broome County, which, inter alia, denied defendants’ motion to vacate a judgment entered against them.

On November 1, 1995, defendants entered into a broker fee agreement with plaintiff, pursuant to the terms of which plaintiff was to, inter alia, assist defendants in obtaining a mortgage secured by certain real property located in the Town of Vestal, Broome County. A brokerage fee in the amount of $4,875 was to be included in and paid out of the underlying mortgage at closing. Although a mortgage was obtained…