First New York Realty Co. v. DeSetto

Judgment, Supreme Court, New York County (Lewis Friedman, J.), entered June 14, 1996, awarding plaintiff $127,099.26, and bringing up for review an order of the same court and Justice, entered June 4, 1996, which granted plaintiffs motion for summary judgment, unanimously reversed, on the law, without costs, the judgment is vacated and plaintiffs motion is denied.

In this action to recover the balance of a real estate broker*220age fee, plaintiff’s motion for summary judgment was improperly granted. While defendants concede that they orally agreed to pay plaintiff a commission of $165,250, or 5%…