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Besen & Associates, Inc. v. Besdine Management Co.

Citations: 266 A.D.2d 105; 698 N.Y.S.2d 473; 1999 N.Y. App. Div. LEXIS 11659

Court: Appellate Division of the Supreme Court of the State of New York; November 17, 1999; New York; State Appellate Court

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The Supreme Court of New York County, under Justice Herman Cahn, issued an order on January 13, 1999, which denied the plaintiff's motion for summary judgment and granted summary judgment in favor of the defendants, resulting in the dismissal of the complaint. The court found that the plaintiff failed to demonstrate an agreement with the defendants that would entitle it to a commission related to the sale of the property. Evidence presented during the motion indicated a lack of mutual agreement on the terms of the sale, establishing there was no meeting of the minds. The court, exercising its authority under CPLR 3212(b), determined that summary judgment for the defendants was appropriate. The decision was affirmed unanimously, with no costs awarded. Justices Sullivan, Nardelli, Mazzarelli, Lerner, and Buckley concurred with the ruling.