Dwelling Quest Corp. v. Greater New York Savings Bank

Judgment, Supreme Court, New York County (Beatrice Shainswit, J.), entered January 17, 1997, dismissing the complaint, and bringing up for review an order, same court and Justice, entered January 14, 1997, which, in an action by plaintiff real estate broker against defendant sellers to recover a broker’s commission, granted defendants’ motion for summary judgment, unanimously affirmed, with costs. The appeal from the order is unanimously dismissed, without costs, as subsumed within the appeal from the judgment.

While the writing prepared by plaintiff stating that its commission “shall only be…