New York City Real Property Litigator

New York City Real Property Litigator

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Category Archives: Brokers

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First Department clarifies standard for entitlement to brokerage commission

Posted in Brokers
SPRE Realty, Ltd. v. Dienst, First Department 651671/2013 The Appellate Division, First Department has clarified the test for whether a broker is entitled to a commission in the absence of a written agreement. In SPRE Realty, the plaintiff-broker showed the defendants a two-unit, duplex, condominium apartment at 397 West 12th Street during the summer of 2008.  Thereafter,… Continue Reading

Broker’s claim for commission survives motion to dismiss

Posted in Brokers
Azad Property Group, LLC v. Willspring LLC, Supreme Court, New York County, Index No. 656626/2013 Commercial Division Justice Marcy Freidman has allowed a broker’s claim for breach of an implied-in-fact contract to pay a commission to survive a motion to dismiss.  In this case, the plaintiff alleged that although it did not have a written… Continue Reading

Unlicensed broker could bind brokerage

Posted in Brokers
 Massey Knakal Realty of Brooklyn, LLC v. Neivens Realty Corp., New York County Supreme Court Index No. 651746/2011. Can a real estate brokerage firm collect a sales commission if the broker is unlicensed?  Justice Elieen Bransten of the New York County Commercial Part held that it could. In this case Massey Knakal, a New York… Continue Reading