Lazzara v. Dreyer Medical Clinic

Lazzara v. Dreyer Medical Clinic

Defendants Gary P. Ratner (Ratner), Rentar Industries Realty Corporation (Rentar), and Couzens Warehouse and Distributors, Inc. (Couzens), appeal from an order granting plaintiff Bennett & Kahnweiler Associates (B&K) motion for summary declaratory judgment against defendants collectively and against Ratner individually. The order stated that defendants had waived the termination date of the exclusive listing agreement (listing agreement or agreement) which had existed between the parties, and that defendants were therefore liable to B&K for a brokerage commission in the sum of $231,840. On appeal, defendants contend that the express terms of the agreement preclude B&Ks recovery, since the lease was finalized after the agreement had terminated. In addition, defendants maintain that summary judgment was improper since the relevant facts were susceptible of more than one interpretation. We affirm.

Lazzara v. Dreyer Medical Clinic



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