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NFS Services, Inc. v. West 73rd Street Associates

64 N.Y.2d 919 Court N.Y. Decision date 1985-03-19 English

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p. 919
NFS Services, Inc., Appellant, v West 73rd Street Associates et al., Respondents.
Argued February 11, 1985;
decided March 19, 1985
p. 921
APPEARANCES OF COUNSEL
Robert J. Poulson for appellant.
Norman L. Rosenthal for respondents.

OPINION OF THE COURT

Order affirmed, with costs, for the reasons stated in the opinion by Justice Bentley Kassal at the Appellate Division ( 102 AD2d 388 ) to which we add only that plaintiff’s attempt in this court to characterize the services it rendered as outside the scope of Real Property Law § 442-d is inconsistent with the allegation in its amended complaint that it earned its claimed commission by “procuring a purchaser for the Property”.

Concur: Chief Judge Wachtler and Judges Jasen, Meyer, Simons, Kaye and Alexander.

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