McNeilly v. Rogers

peal from (1) an order of the Supreme Court at Special Term, entered November 24, 1976 in Washington County, which granted plaintiff’s motion, pursuant to CPLR 3213, for summary judgment in lieu of a complaint and (2) the judgment entered thereon. This is an action to recover a real estate *725commission allegedly earned by plaintiff under a real estate broker listing agreement whereby defendant purportedly agreed to pay a commission to plaintiff upon plaintiff’s procuring a purchaser for certain property at the stated price and terms or at any other price and terms acceptable to defendant. As…