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THOMAS P. REILLY & CO., INC. v. ROCKEFELLER CTR. MGMT. CORP.

223 A.D.2d 477 (1996)

637 N.Y.S.2d 371

Thomas P. Reilly & Co., Inc., Appellant, v. Rockefeller Center Management Corp. et al., Respondents

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

January 25, 1996

A broker seeking a commission for an executed lease must establish that he was the procuring cause of the lease, and the broker does not earn the commission simply because he initially called the property to the attention of the tenant (Laub & Co. v 101 Park Ave. Assocs., 162 A.D.2d 294, 295-296). It is incumbent upon the opponent of summary judgment to present evidentiary proof sufficient to raise a triable issue of fact (

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