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CC Realty Servs v. S. Cavallo Inc.

Contract Breach Complaint Dismissed Against Individual Defendants, Not Corporate Defendant

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The following e-filed documents, listed by NYSCEF document number 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47were read on this application to/for DismissDECISION AND ORDER

*1 In this action for a real estate brokerage commission, defendants S. Cavallo Inc. (“S. Cavallo”), Stefan A. Cavallo and Stephen Cavallo move to dismiss the amended complaint of plaintiff CC Realty Services LLC (“CC Realty). The parties initially entered into brokerage commission agreement in 2012, in which CC Realty was granted the exclusive right to represent S. Cavallo in the sale or lease of the property located at 1495 Third Avenue, New York, NY (the Premises”). In a subsequent, second agreement dated June 24, 2014 (the “2014 Agreement”), the parties again set forth the terms under which S. Cavallo would receive a brokerage commission for the sale of the Premises.The 2014 Agreement provides that:

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