Howard Carr Companies, Inc. v. Tech Valley Plaza, LLC
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtEgan Jr., J.
Appeal from an order of the Supreme Court (McNamara, J.), entered April 27, 2009 in Albany County, which, among other things, granted plaintiffs cross motion for summary judgment.
In August 2006, defendant retained plaintiff, a real estate brokerage firm, to market, for sale or lease, a 27-acre parcel of real property in Rensselaer County. The exclusive listing agreement signed by both parties identified defendant as the owner of the property and provided for plaintiff to be paid—by the owner—a commission of 5% of the sale price if the property was sold or a fee of $4 per square foot if the…
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