227 WEST 61ST ASSOC., LLC v. WALSAM 61 LLC

Index No. 657076/17. Appeal No. 12723. Case No. 2019-05540.

189 A.D.3d 601 (2020)

134 N.Y.S.3d 714

2020 NY Slip Op 07693

227 West 61st Associates, LLC, Respondent, v. Walsam 61 LLC et al., Appellants.

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

Decided December 22, 2020.


Attorney(s) appearing for the Case

Kudman Trachten Aloe Posner LLP, New York ( Paul H. Aloe and David N. Saponara of counsel), for appellants.

Herrick, Feinstein LLP, New York ( Scott E. Mollen of counsel), for respondent.

Concur—Acosta, P.J., Oing, Scarpulla, Mendez, JJ.


The court properly concluded that section 5.11(b) of the Operating Agreement was clear and unambiguous and entitled plaintiff to "not less than" 25% of the leasing commission paid to the property manager in connection with the 2016 lease extension. The plain language of this provision did not limit plaintiff's right to receive this minimum fee only if plaintiff was "involved" in the 2015 lease extension (see W.W.W. Assoc. v Giancontieri, 77 N.Y.2d...

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