ANDOVER RETAIL SERVICES INC. v. LINCOLN METROCENTER PARTNERS, L.P.


279 A.D.2d 269 (2001)

719 N.Y.S.2d 15

ANDOVER RETAIL SERVICES INC. et al., Appellants, v. LINCOLN METROCENTER PARTNERS, L.P., Respondent.

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

Decided January 4, 2001.


Plaintiff real estate brokers entered into a brokerage agreement with defendant pursuant to which defendant agreed to pay plaintiffs two percent of the base rent for the entire term of a fifteen-year lease between defendant and Record Town. Because there was a clause in the lease permitting Record Town to terminate the lease after the fifth year if its gross sales did not reach a specified amount, defendant and plaintiffs agreed that defendant would pay the brokerage commission...

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