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NEW SPECTRUM REALTY SERVICES, INC. v. NATURE CO.

Nos. 237, 238, 852, Dockets 94-7162, 94-7194(L), 94-7214XAP.

42 F.3d 773 (1994)

NEW SPECTRUM REALTY SERVICES, INC., Plaintiff-Appellee, v. The NATURE COMPANY, Defendant-Appellee, v. 644 BRDY REALTY, INC., Appellant. NEW SPECTRUM REALTY SERVICES, INC., Plaintiff-Appellee-Cross-Appellant, v. The NATURE COMPANY, Defendant-Appellant-Cross-Appellee.

United States Court of Appeals, Second Circuit.

Decided December 20, 1994.

Attorney(s) appearing for the Case

Henry J. Bergman, New York City (Bachner, Tally, Polevoy & Misher, New York City, of counsel), for New Spectrum Realty Services, Inc.

John J. O'Connell, New York City (Stein, Zauderer, Ellenhorn, Frischer & Sharp, New York City, David A. Proshan; Mitchel B. Craner, New York City, of counsel), for The Nature Co.

Martin R. Fine, New York City, for 644 BRDY Realty, Inc.

Before: LUMBARD, ALTIMARI, and CABRANES, Circuit Judges.

LUMBARD, Circuit Judge:

Nature Company appeals from a judgment of the Southern District of New York (Stanton, J.) entered on February 1, 1994, following a bench trial, awarding damages of $150,500 to New Spectrum Realty Services, Inc. ("New Spectrum"). On appeal, Nature Company argues that the court gave improper effect to a condition precedent of its liability to New Spectrum for a brokerage fee. On cross-appeal, New Spectrum argues that the court wrongly...

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