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RENDERED:  JULY 31, 2009; 10:00 A.M.
NOT TO BE PUBLISHED

Commonwealth of Kentucky

Court of Appeals

NO. 2008-CA-001170-MR
LEXCIN PARTNERS, LTD. APPELLANT
APPEAL FROM FAYETTE CIRCUIT COURT
v. HONORABLE KIMBERLY N. BUNNELL, JUDGE ACTION NO. 08-CI-00285
NEWMARK SOUTHERN REGION, LLC APPELLEE
OPINION
AFFIRMING

** ** ** ** **
BEFORE: CAPERTON AND STUMBO, JUDGES; BUCKINGHAM,1 SENIOR JUDGE.
BUCKINGHAM, SENIOR JUDGE:  LexCin Partners, Ltd., appeals from a
summary judgment of the Fayette Circuit Court in favor of Newmark Southern
Region, LLC.  The judgment required LexCin to pay Newmark a real estate
1 Senior Judge David C. Buckingham sitting as Special Judge by assignment of the Chief Justice pursuant to Section 110(5)(b) of the Kentucky Constitution and Kentucky Revised Statutes (KRS) 21.580.
brokerage commission in excess of $59,000.  The issue involves whether LexCin

could be made to pay the commission even though Newmark was an unlicensed broker in this state during the time it conducted its brokerage activities which led to its commission.  We affirm.
LexCin owns a large office building in Lexington, Kentucky, and leases office space to various commercial endeavors.  The law firm of Woodward, Hobson & Fulton (Woodward) leased a portion of the building from LexCin.  In an effort to change the lease arrangement and lease additional space, Woodward engaged the services of Newmark as a real estate broker to negotiate a new ten

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Kentucky Law