Liuzzi v. Nigro

OPINION OF THE COURT

Lawrence E. Kahn, J.

This is a motion and cross motion for summary judgment. The parties hereto have stipulated that this matter shall proceed by motion for summary judgment pursuant to CPLR 3212, for a declaratory judgment determining the rights and relations of the parties in accordance with section 442 of article 12-A of the Real Property Law.

The pertinent facts surrounding the transactions giving rise to the instant action are not in dispute. During the time in question, the plaintiff was employed by the defendant, Frank J. Nigro Real Estate as a salesperson duly…