Philip Winograd, Inc. v. Prudential Insurance of America

— Order, Supreme Court, New York County (Allen Murray Myers, J.), entered July 29, 1983, denying defendant’s motion for summary judgment dismissing the complaint, unanimously reversed, on the law, and the motion is granted dismissing the complaint, together with costs. H Plaintiff sues for the “customary and usual commission” (5%), amounting to $2.1 million, for services allegedly rendered as a real estate broker in connection with defendant’s sale of 100 Church Street in Manhattan, to MacKenzieHill 100 Church Street Corporation (MacKenzie-Hill) for $42 million, in July, 1981. Plaintiff…