NEWMARK & COMPANY REAL ESTATE INC. v. 2615 EAST 17 STREET REALTY LLC

4042, 4042A, 602950/09.

80 A.D.3d 476 (2011)

914 N.Y.S.2d 162

NEWMARK & COMPANY REAL ESTATE INC., Appellant, v. 2615 EAST 17 STREET REALTY LLC, Respondent, and WILK REAL ESTATE I, LLC, et al., Intervenors-Respondents.

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

Decided January 13, 2011.


In the lease between defendant, as the landlord, and nonparty tenant, which was brought into the transaction by plaintiff broker, the subscribing parties represented that plaintiff was the exclusive broker for the transaction and that defendant would pay its commission. This clear representation, which was supported by additional documentary evidence, entitled plaintiff to its commission as a matter of law (Morris Cohon & Co. v Russell, 23...

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