CUSHMAN v. 214 E 49TH ST CORP.


218 A.D.2d 464 (1996)

639 N.Y.S.2d 1012

Cushman & Wakefield, Inc., Appellant, v. 214 East 49th Street Corp., Respondent

Appellate Division of the Supreme Court of the State of New York, First Department.

April 2, 1996


Attorney(s) appearing for the Case

David H. Gikow of counsel (Lehman & Gikow, P. C., attorneys), for appellant.

Sidney Gottleib for respondent.

NARDELLI and WILLIAMS, JJ., concur with WALLACH, J.; MURPHY, P. J., and ROSS, J., dissent in a separate opinion by MURPHY, P. J.


WALLACH, J.

This is an action to recover a real estate brokerage commission. When defendant sought to sell its five-story building in 1985-1987 for $4.5 million, Stein, the building manager, approached Takeshi Okazaki as a prospective purchaser. Okazaki, who was president of a corporation which operated a restaurant at the premises and leased the first two floors, was not interested. Stein was unable to find...

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