LERNER v. NEWMARK & COMPANY REAL ESTATE, INC.

10488. 657273/17.

178 A.D.3d 418 (2019)

115 N.Y.S.3d 16

2019 NY Slip Op 08611

Justin Lerner, Appellant, v. Newmark & Company Real Estate, Inc., et al., Respondents.

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

Decided December 3, 2019.


Attorney(s) appearing for the Case

Ronald P. Hart, P.C., New York ( Ronald P. Hart of counsel), for appellant.

Miguel A. Lopez , New York, for respondents.

Concur—Acosta, P.J., Renwick, Mazzarelli, Kapnick, JJ.


Plaintiff, a licensed real estate broker, alleges that, in November 2014, he and defendant Newmark & Company Real Estate, Inc. (Newmark), entered into an "Engagement Agreement," for a two-year term, pursuant to which plaintiff was to be paid commissions as set forth in the appended Schedule 1. The Engagement Agreement recited that most of its provisions, expressly including Schedule 1, would survive its termination or expiration. Plaintiff alleges that the parties mutually...

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