An appeals court has set aside a jury verdict to award more than $2.1 million to a brokerage firm claiming to have an oral agreement to receive a commission for the sale of land to a home improvement chain and that it was left out of the final negotiations for the sale.

According to a decision handed down Feb. 3 by a panel of the Appellate Division, Second Department, brokerage firm Douglas Elliman claimed that it was owed commission for the sale of land on Long Island to Lowe’s Home Centers for the construction of a retail store.

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