R. B. Miller Organization, Inc. v. Vasap Construction Corp.
Opinion of the Court
In an action to recover the balance of a real estate brokerage commission, the defendants appeal from a judgment of the Supreme Court, Queens County (Modugno, J.H.O.), dated March 30, 1990, which, after a nonjury trial, is in favor of the plaintiff and against them in the principal sum of $46,509.42.
Ordered that the judgment is affirmed, with costs.
The plaintiff, a licensed real estate broker, procured a tenant for commercial premises owned by the defendant Va-sap Construction Corp., of which the individual defendants are officers and sole shareholders, pursuant to an oral contract (see, General Obligations Law § 5-701 [a] [10]) which was made following the expiration of a one-year written exclusive agency agreement executed by the plaintiff and the defendant Aldo Vasapoli. The corporate defendant and the tenant, with the plaintiff’s assistance, successfully negotiated and executed a 10-year lease but disputes thereafter arose between the plaintiff and the defendants about the manner of payment of the plaintiff’s commission which, the record establishes, was a fixed percentage of the rent. The defendants claimed at trial that payment of the commission was conditioned upon payment of rent by the tenant, who, they asserted, vacated the premises at or about the time this litigation was commenced. They also claimed that the plaintiff agreed to a 10-year payment schedule which rendered the entire commission agreement void (cf., General Obligations Law § 5-701 [a] [1]; see also, Gurney, Becker & Bourne v Simon, 89 AD2d 795). The defendants made no claim, however, that the amount due was not determinable at the time of the execution of the lease (cf., Babtkis Assocs. v Tarazi Realty Corp., 34 AD2d 754; see, Pando v Fernandez, 118 AD2d 474).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.