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SLADE v. SHAAREI TIKVAH—THE SCARSDALE CONSERVATIVE CONGREGATION

286 A.D.2d 383 (2001)

728 N.Y.S.2d 714

EDNA SLADE, Doing Business as EDNA SLADE REAL ESTATE, Respondent-Appellant, v. SHAAREI TIKVAH—THE SCARSDALE CONSERVATIVE CONGREGATION, Appellant-Respondent.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided August 13, 2001.

Ordered that the cross appeal is dismissed as abandoned (see, 22 NYCRR 670.8 [c], [e]); and it is further,

Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

Contrary to the appellant's contentions, the Supreme Court correctly determined that issues of fact exist as to the plaintiff's entitlement to a commission, thus precluding an award of summary judgment to the appellant dismissing the first cause of action...

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