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HOPKINSON ASSOC. LLC v. GREENWICH VILLAGER CO., L.P.

Index No. 655168/18. Appeal No. 13758. Case No. 2020-03064.

194 A.D.3d 408 (2021)

143 N.Y.S.3d 209

2021 NY Slip Op 02743

Hopkinson Associates LLC, Appellant, v. Greenwich Villager Company, L.P., Respondent.

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

Decided May 4, 2021.

Attorney(s) appearing for the Case

McLaughlin & Stern, LLP, New York ( Alan E. Sash of counsel), for appellant.

Bragar Eagel & Squire, P.C., New York ( Raymond A. Bragar of counsel), for respondent.

Concur—Acosta, P.J., Manzanet-Daniels, Moulton, Scarpulla, JJ.

"A broker is not entitled to commissions for unsuccessful efforts" (Orenstein v Brum, 27 A.D.3d 352, 353 [1st Dept 2006]). For example, "where the buyer and the seller come to an agreement which is conditioned upon the happening of a contingency having no connection with the fault of either, and the contingency (e.g., the grant of a zoning law change or variance) does not come to pass, the broker is not entitled to a commission"...

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