Talk of Town Realty v. Geneve

Hinds-Radix, J.,

concurs in part and dissents in part, and votes to affirm the order appealed from, with the following memorandum: In its complaint, the plaintiff alleged that the defendant sellers of residential real property entered into an agreement with Fillmore Real Estate, Ltd. (hereinafter Fillmore), to act as their agent to sell the property, and to place the property with a multiple listing service. The complaint further alleged that on February 28, 2001, the property was placed with a multiple listing service at an asking price of $799,000. According to the plaintiff, the multiple…