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HIRSCHFELD PROPERTIES, INC. v. JULIANO

3 A.D.3d 399 (2004)

770 N.Y.S.2d 714

HIRSCHFELD PROPERTIES, INC., Appellant, v. JOHN JULIANO et al., Respondents.

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

January 20, 2004.

The writing between the parties on which plaintiff relies does not contemplate payment of plaintiff's commission by defendants, and thus is not a valid real estate brokerage agreement between the parties (see Buck v Cimino, 243 A.D.2d 681, 684 [1997], lv denied 91 N.Y.2d 807 [1998]). Absent such, plaintiff must demonstrate that it was the procuring cause of the lease. Plaintiff admits...

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