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in that project. Kanter offered to introduce Schaffel to the
people who wanted to build the casino hotel provided Schaffel
would agree to pay to one of Kanter's entities 50 percent of
Schaffel's brokerage fee earned in the transaction. Schaffel
agreed to pay the fee to an entity that held a real estate
brokerage license. The casino hotel project, however, never
materialized.
Although the casino hotel project fell through, Schaffel
agreed to share certain finder's fees with Kanter in other
projects. With Kanter's "concurrence", Schaffel negotiated a
finder's fee arrangement with Benedict Torcivia (Torcivia),12 the
sole shareholder of Torcon, Inc. (Torcon). At the time, Torcon
was probably the largest general contracting company in New
Jersey. By letter agreement dated July 23, 1979, Torcivia agreed
to pay Schaffel a fee for any construction projects that Schaffel
helped obtain for Torcon. The agreement reached between Kanter
and Schaffel as applied to Schaffel's arrangement with Torcon was
set forth in a letter agreement with IRA dated August 2, 1979, as
follows:
The purpose of this letter is to confirm that I
will pay you fifty (50%) percent of any fees received
by me with respect to construction jobs obtained for
Torcon, Inc. in which I determine that you or your
associates have been instrumental or helpful. My
arrangement with Torcon, Inc. concluded with your
12
Prior to 1979, Schaffel had rented office space from
Torcivia.
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