Elliman v. Tretter

*447Order, Supreme Court, New York County (Marcy S. Friedman, J.), entered April 6, 2010, which denied plaintiffs and defendants’ motions for summary judgment, modified, on the law, to grant plaintiff’s motion, and otherwise affirmed, without costs.

On July 22, 2008, the defendants, Franklin and Sheila Tretter, retained plaintiff Douglas Elliman Real Estate to sell their cooperative apartment, 785 Park Avenue, apartment 11C. Ms. Barbara Lockwood was the Douglas Elliman broker in charge of the exclusive agency listing. The brokerage agreement contained an asking price of $1.65 million and provided…