Willig & Associates, Inc. v. Benequista

Appeal from an order of the Supreme Court (Lynch, J.), entered April 4, 1995 in Schenectady County, which, inter alia, denied the motion of defendants Paul Ziffer and Philip Ziffer for summary judgment dismissing the complaint against them.

In March 1988, defendant Luigi Benequista signed a listing agreement with plaintiff, a licensed real estate brokerage, authorizing it to serve as realtor in the sale of property located at 1259-1263 State Street in the City of Schenectady (hereinafter the property). The listing agreement set forth an asking price of $350,000, with a commission of 10% of the…