Lucca v. Flamingo Corp.

PEARSON, Judge.

The plaintiff appeals from a summary final judgment in an action for breach of contract. The trial judge found as a matter of law that the plaintiff could not recover under any view of the facts. There is therefore no question of a genuine issue of material fact because in each factual area where there might be an issue of fact the judge has taken the view most favorable to the plaintiff.

The factual basis as set forth by the trial judge is therefore not contradicted and is as follows:

“This is an action for damages by a real estate broker against an owner of property for an…