Goldman Sachs Group, Inc. v. Almah LLC
Opinion of the Court
The motion court properly found, based on plaintiff partnership’s unchallenged evidence, that it held a real estate broker’s license at the time its services were rendered and its cause of action for commissions arose in 1998 (Real Property Law § 442-d). We decline to consider defendant’s argument raised for the first time in a surreply that, even if arguendo the date for requiring a license was plaintiff partnership’s May 2008 deadline for giving notice that it would not be exercising its option to terminate the lease early, the license held by a partner at that time did not satisfy the partnership’s licensing requirement (see Ostrov v Rozbruch, 91 AD3d 147, 155 [1st Dept 2012]). The obligation to pay the commission arose from the lease (cf. Thorne Real Estate v Nezelek, 100 AD2d 651, 652 [3d Dept 1984]), which plaintiff partnership was entitled to enforce (see Joseph P. Day Realty Corp. v Chera, 308 AD2d 148, 152 [1st Dept 2003]).
We have considered defendant’s remaining contentions and find them unavailing. Concur — Tom, J.P, Andrias, Renwick, DeGrasse and Gische, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.