Dyer v. Uline

Kane, J. P.

Appeal from an order of the Supreme Court (Dier, J.), entered December 2, 1987 in Warren County, which denied defendants’ motion for an order of preclusion and granted plaintiffs’ motion for summary judgment.

On December 13, 1986, defendants, pursuant to a written agreement, listed their residence for sale with plaintiffs, who were licensed real estate brokers. The agreement set forth a brokerage fee of 10% of the purchase price. Thereafter, in May 1987, Bob Howard, Inc., as the selling broker, procured a *880buyer for the home at a purchase price of $89,900. Prior to closing,…