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A.R. CONELLY, INC. v. NEW YORK CITY CHARTER HIGH SCH. FOR ARCHITECTURE, ENG'G & THE CONSTR. INDUS.

2019-08195, Index No. 507326/15.

206 A.D.3d 787 (2022)

170 N.Y.S.3d 571

2022 NY Slip Op 03880

A.R. Conelly, Inc., Doing Business as Fillmore Real Estate, Ltd., Appellant-Respondent, v. New York City Charter High School for Architecture, Engineering and the Construction Industry, Respondent-Appellant.

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

Decided June 15, 2022.

Attorney(s) appearing for the Case

Abrams Fensterman, LLP, Lake Success, NY (Mark A. Longo, of Counsel) for appellant-respondent.

Freeborn & Peters, LLP, New York, NY (David A. Pellegrino and Kathryn T. Lundy, of Counsel) for respondent-appellant.

Duffy, J.P., Iannacci, Maltese and Ford, JJ., concur.

Ordered that the order dated May 7, 2019, is affirmed insofar as appealed and cross-appealed from, without costs or disbursements.

In June 2015, the plaintiff commenced this action against the defendant to recover damages for breach of contract and to recover under a theory of quantum meruit. The plaintiff alleged that it was entitled to recover a brokerage commission pursuant to a commercial real estate commission agreement...

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