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DeLAURENTIS v. MALLEY

6543, 114259/11.

161 A.D.3d 514 (2018)

77 N.Y.S.3d 352

2018 NY Slip Op 03464

Brian M. DeLaurentis, Appellant, v. Eric Malley et al., Respondents.

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

Decided May 10, 2018.

In this action to recover a broker's fee from defendant Malley on account of a lost sale, the IAS court properly determined that plaintiff, a licensed real estate broker, did not qualify as a third-party beneficiary under the RLS Universal Co-Brokerage Agreement/Rules and Regulations (the Co-Brokerage Agreement) according to its plain terms (State of Cal. Pub. Employees' Retirement Sys. v Shearman & Sterling, 95 N.Y.2d 427, 434...

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