Court of Appeals of New York

In a brokerage firm's suit against its clients to recover $70,000 in commission, appellate division's grant of the firm's motion for summary judgment is affirmed where: 1) the firm has established its entitlement to the commission as a matter of law, as the statements and conduct cited by the sellers do not raise a material issue of fact as to whether the broker was acting as a dual agent in the transaction; and 2) the seller's claim that the firm and the broker breached an implied covenant of good faith and fair dealing is without merit.

Appellate Information

• Decided 11/19/2012
• Published 11/19/2012

Judges

Court

• Court of Appeals of New York

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