• Jan 22 2013 (Date Decided)
  • D. Angiolillo, J.P.; Dickerson, Hall and Austin, JJ.
ZERE REAL ESTATE SERVICES, INC., FORMERLY KNOWN AS ZERE ASSOCIATES, INC., res-ap, v. PARR GENERAL CONTRACTING COMPANY, INC. APPELLANTS-res — (INDEX NO. 39680/07)In an action, inter alia, to recover damages in quantum meruit, the defendants appeal from a judgment of the Supreme Court, Suffolk County (Pines, J.), entered July 21, 2011, which, upon a decision of the same court dated April 19, 2011, made after a nonjury trial, finding, inter alia, that the plaintiff was entitled to a broker's fee under a theory of quantum meruit, is in favor of the plaintiff and against them in the principal sum of $307,000, and the plaintiff cross-appeals from so much of the same judgment as limited its award to 1.5 percent of the value of the initial construction cost of the subject project.