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WHARTON REALTY v. MAIN 38 REALTY, INC.

289 A.D.2d 177 (2001)

735 N.Y.S.2d 386

WHARTON REALTY, Appellant, v. MAIN 38 REALTY, INC., et al., Respondents.

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

Decided December 27, 2001.

The documentary evidence clearly establishes that plaintiff agreed to provide a tenant for premises owned by defendants' predecessor in interest in exchange for a portion of the rent collected from that tenant. Since plaintiff's role in the agreed upon transaction involved nothing but the provision of services in connection with leasing real estate, the real estate component was central, not incidental (see, Chappo & Co. v Riley Co., 225 A.D.2d...

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