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WARBURG REALTY PARTNERSHIP, LTD. v. ASCHHEIM

Index No. 651948/22. Appeal No. 859. Case No. 2022-05539.

220 A.D.3d 555 (2023)

196 N.Y.S.3d 455

2023 NY Slip Op 05345

Warburg Realty Partnership, Ltd., Doing Business as Coldwell Banker Warburg, Appellant, v. Deborah Aschheim et al., Respondents.

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

Decided October 19, 2023.

Attorney(s) appearing for the Case

Margolin & Pierce, LLP, Southampton (Errol F. Margolin of counsel), for appellant.

Costigan Law PLLC, New York (William F. Costigan of counsel), for respondents.

Concur—Kapnick, J.P., Singh, Friedman, González, Shulman, JJ.

Order, Supreme Court, New York County (Lyle Frank, J.), entered October 19, 2022, which granted defendants' motion to dismiss the complaint, unanimously affirmed, without costs.

Supreme Court properly dismissed the complaint. Plaintiff real estate broker was not entitled to a commission in connection with the sale of defendants sellers' home. The exclusive listing agreement, at plaintiff's insistence, terminated on October 28, 2019, and plaintiff performed no further...

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