Far Realty Associates Inc. v. RKO Delaware Corp.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Order, Supreme Court, New York County (Ira Gammerman, J.H.O.), entered May 25, 2005, which dismissed the complaint after a nonjury trial, unanimously affirmed, without costs.
Plaintiff Far Realty Associates and defendant RKO Corporation entered into a brokerage agreement giving the former the *262“sole and exclusive agency to lease the premises.” The agreement also contemplated that Far Realty would receive a commission if “able to sell the premises,” with the amount of commission dependent on the sale price. When Far Realty thereafter failed to lease or sell the property expeditiously, defendants…
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