EASTERN CONSOLIDATED PROPERTIES, INC., plf-res, v. 5 EAST 59 REALTY HOLDING COMPANY, LLC, ET AL., def-ap, MIP 5 EAST 59TH STREET, LLC def

2827-2827A. EASTERN CONSOLIDATED PROPERTIES, INC., plf-res, v. 5 EAST 59 REALTY HOLDING COMPANY, LLC, ET AL., def-ap, MIP 5 EAST 59TH STREET, LLC def — Hirschel Law Firm, P.C., Garden City (Daniel Hirschel of counsel), for ap — Goetz Fitzpatrick LLP, New York (Douglas A. Gross of counsel), for res — —Judgment, Supreme Court, New York County (Jeffrey K. Oing, J.), entered September 24, 2015, in favor of plaintiff, against defendant 5 East 59 Realty Holding Company, LLC, unanimously affirmed, without costs. Appeal from order, same court and Justice, entered on or about July 7, 2015, unanimously dismissed, without costs, as subsumed in the appeal from the judgment.

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2827-2827A. EASTERN CONSOLIDATED PROPERTIES, INC., plf-res, v. 5 EAST 59 REALTY HOLDING COMPANY, LLC, ET AL., def-ap, MIP 5 EAST 59TH STREET, LLC def — Hirschel Law Firm, P.C., Garden City (Daniel Hirschel of counsel), for ap — Goetz Fitzpatrick LLP, New York (Douglas A. Gross of counsel), for res — —Judgment, Supreme Court, New York County (Jeffrey K. Oing, J.), entered September 24, 2015, in favor of plaintiff, against defendant 5 East 59 Realty Holding Company, LLC, unanimously affirmed, without costs. Appeal from order, same court and Justice, entered on or about July 7, 2015, unanimously dismissed, without costs, as subsumed in the appeal from the judgment.

Contrary to the contentions of defendants 5 East 59 Realty Holding Company, LLC and Alexandros Demetriades, the language of the written commission agreement is unambiguous. Pursuant to the agreement, defendant 5 East 59 Realty Holding expressly agreed to pay plaintiff a fee of 1.75 percent of the purchase price if plaintiff introduced defendants to the party (and any related entities) that ultimately purchased the property at a closing. Plaintiff introduced Paulo Agnelo Malzoni to defendants. Malzoni was the principal of the ultimate purchaser of the property. Thus, plaintiff is entitled to its fee.

EASTERN CONSOLIDATED PROPERTIES, INC., plf-res, v. 5 EAST 59 REALTY HOLDING COMPANY, LLC, ET AL., def-ap, MIP 5 EAST 59TH STREET, LLC def

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