Coldwell Banker Real Estate Services, Inc. v. 529 Atlantic, LLC

In an action to recover a real estate brokerage commission, the defendant 529 Atlantic, LLC, appeals, as limited by its brief, from so much of an order of the Supreme Court, Nassau County (Warshawsky, J.), entered June 30, 2008, as granted the plaintiffs’ motion for summary judgment on the complaint insofar as asserted against it.

Ordered that the order is affirmed insofar as appealed from, with costs.

The clear and unambiguous terms of the exclusive listing agreement executed by the parties provided that the plaintiffs would be entitled to an agreed 7% commission if, during a period of 180…