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SOTHEBY'S INTL. REALTY, INC. v. DEUTSCH

650078/11, 593, 592.

137 A.D.3d 640 (2016)

28 N.Y.S.3d 364

2016 NY Slip Op 02152

SOTHEBY'S INTERNATIONAL REALTY, INC., Respondent, v. DONALD DEUTSCH et al., Appellants.

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

Decided March 24, 2016.

In this action for damages arising from a claimed breach of contract relating to the sale of two of defendants' properties in East Hampton, New York, we find no basis to disturb the trial court's findings, based largely on credibility determinations, that there was an express agreement or at least an implied agreement to pay plaintiff a commission of 4% (see Joseph P. Day Realty Corp. v Chera, 308 A.D.2d 148, 149, 153 [1st Dept 2003...

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