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WINICK REALTY GROUP LLC v. AUSTIN & ASSOCIATES

51 A.D.3d 408 (2008)

857 N.Y.S.2d 114

WINICK REALTY GROUP LLC, Respondent, v. AUSTIN & ASSOCIATES, Appellant, et al., Defendants.

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

Decided May 1, 2008.

The complaint sufficiently sets forth a cause of action for recovery of a share of a real estate brokerage commission pursuant to an alleged oral agreement, at least on the theory that Austin's bad faith conduct prevented plaintiff from becoming the procuring cause of the leasing transaction consummated by the parties' client (see Di Stefano v Rosetti-Falvey Real Estate, 270 A.D.2d 631, 632-633 [2000]; Williams Real Estate Co...

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