SPIVAK v. MADISON-54TH REALTY CO.


60 Misc.2d 483 (1969)

Edyth Spivak, Plaintiff, v. Madison-54th Realty Co. et al., Defendants.

Supreme Court, Trial Term, Kings County.

June 4, 1969


Attorney(s) appearing for the Case

Zelman & Zelman (Benjamin M. Zelman of counsel), for plaintiff. Elson & Halperin (Harold A. Halperin of counsel), for Madison-54th Realty Co. and another, defendants.


BENJAMIN BRENNER, J.

Plaintiff, a real estate broker, seeks to recover a commission allegedly due upon a tenant's exercise of an option to renew its lease. The defendants assert two essential defenses: (a) lack of privity under the contract of brokerage between plaintiff and Weylin Building Company, the original owner of the leasehold, and (b) tenant's failure to effectively exercise the option and take possession of the premises for the renewal period...

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