Appellate Division of the Supreme Court of New York, 2004

Pryce v. Hamilton, Kane, Martin Enterprises, Inc.

Pryce v. Hamilton, Kane, Martin Enterprises, Inc.
Appellate Division of the Supreme Court of New York · Decided August 2, 2004
10 A.D.3d 355; 780 N.Y.S.2d 294; 2004 N.Y. App. Div. LEXIS 10134
Pryce v. Hamilton, Kane, Martin Enterprises, Inc.

Opinion of the Court

In an action to recover a real estate brokerage commission, the plaintiff appeals from an order of the Supreme Court, Suffolk County (Jones, J.), dated March 21, 2003, which granted the defendants’ motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

In response to the defendants’ prima facie showing of entitlement to judgment as a matter of law, the plaintiff failed to raise a triable issue of fact as to whether it was the procuring cause of the lease between the defendants (see Philip Winograd, Inc. v Prudential Ins. Co. of Am., 63 NY2d 837 [1984]; Greene v Hellman, 51 NY2d 197, 206 [1980]; cf. Dagar Group v Hannaford Bros. Co., 295 AD2d 554, 555 [2002]; Goldstein v Ballirano, 262 AD2d 529 [1999]). Ritter, J.P., Goldstein, Mastro and Fisher, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.