Appellate Division of the Supreme Court of the State of New York October 15, 2002 (Schacker Real Estate Corp. v. Rosenberg)

In an action to recover a real estate brokerage commission, the plaintiff appeals from an order and judgment (one paper) of the Supreme Court, Suffolk County (Floyd, J.), entered July 31, 2001, which denied its motion for summary judgment on the complaint, granted the defendant’s cross motion for summary judgment dismissing the complaint, and dismissed the complaint.