Williams Real Estate Co. v. Viking Penguin, Inc.
Opinion of the Court
We agree with the motion court that there are sufficient factual issues as to the existence of an oral exclusive brokerage agreement concerning certain leasehold space for defendants’ consolidated operations. As in our case of Gordon Co. v Tucker Anthony & R.L. Day (162 AD2d 319), plaintiff seeks damages for the breach of this alleged oral exclusive agreement to "cover” or "protect” plaintiff with respect to the specific properties introduced to defendants. The alleged breach is in the nature of repudiation by preventing plaintiff from becoming the procuring cause of the lease (see, Curtis Props. Corp. v Greif Cos., 212 AD2d 259; Interactive Props. Corp. v Doyle Dane Bernhach, 66 AD2d 667; see also, Ackman v Taylor, 296 NY 597). Accordingly, the fact that plaintiff was not the procuring cause of the actual lease signed by defendant is not determinative (see generally, Greene v Heilman, 51 NY2d 197, 205-206).
Defendants’ reliance on Lanstar Intl. Realty v New York News (206 AD2d 411) is misplaced. There, there was no evidence of an agreement to pay a commission or any demonstration that defendants’ conduct deprived the broker of the op
We have considered defendants’ remaining contentions and find them insufficient to warrant dismissal of the complaint at this juncture. Concur—Sullivan, J. P., Ellerin, Rubin, Kupferman and Nardelli, JJ,
Case-law data current through December 31, 2025. Source: CourtListener bulk data.