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CUTAIA v. GVA WILLIAMS, LLC

62 A.D.3d 533 (2009)

879 N.Y.S.2d 414

RORY CUTAIA, Individually and as Duly Appointed Representative of the Former Shareholders of The Telx Group, Inc., Respondent, v. GVA WILLIAMS, LLC, et al., Appellants, and GI PARTNERS FUND II, L.P., et al., Respondents.

Appellate Division of the Supreme Court of New York, First Department.

Decided May 19, 2009.

Dismissal of the cross claim was appropriate where the documentary evidence established that appellants' right to act as exclusive agent in connection with the subletting of the premises or any assignment thereof was not triggered by the transaction in the merger agreement, and thus appellants were not entitled to a commission (see Far Realty Assoc. Inc. v RKO Del. Corp., 34 A.D.3d 261 [2006]). Furthermore, contrary to appellants...

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