Steven G. Walther, Inc. v. Taranto

Appeal from an order of the Supreme Court, Monroe County (Andrew V Siracuse, J.), entered December 23, 2003. The order denied plaintiffs motion for summary judgment and granted defendant’s cross motion for summary judgment dismissing the complaint in an action for breach of contract.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously reversed on the law with costs, the cross motion is denied, the complaint is reinstated, the motion is granted and judgment is ordered in accordance with the following memorandum: Plaintiff, a licensed real estate broker,…