INSIGNIA DOUGLAS ELLIMAN LLC RETAIL GROUP v. MERRELL


11 A.D.3d 252 (2004)

782 N.Y.S.2d 435

INSIGNIA DOUGLAS ELLIMAN LLC RETAIL GROUP, Respondent, v. JIM MERRELL, Appellant.

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

October 12, 2004.


Plaintiff seeks to recover a commission from defendant landlord/owner in connection with a 10-year sublease of certain commercial premises located in lower Manhattan. These premises are owned by a cooperative corporation whose bylaws provide that any prospective tenant or subtenant is required to obtain approval by the cooperative's board. Plaintiff alleges that although its broker procured a "ready, willing and able" prospective subtenant, FlexForm USA, defendant withdrew...

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