DOUGLAS ELLIMAN LLC v. E.T.A. REALTY, INC.

Index No. 656372/18. Appeal No. 13888. Case No. 2020-03510.

194 A.D.3d 566 (2021)

144 N.Y.S.3d 343

2021 NY Slip Op 03251

Douglas Elliman LLC, Appellant, v. E.T.A. Realty, Inc., Respondent.

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

Decided May 20, 2021.


Attorney(s) appearing for the Case

Cole Hansen Chester LLP, New York ( Michael S. Cole of counsel), for appellant.

Tuch & Cohen LLP, Westbury ( Kenneth R. Tuch of counsel), for respondent.

Concur— Renwick, J.P., Manzanet-Daniels, Mazzarelli, Mendez, JJ.


Plaintiff is not entitled to a commission on the sale of defendant's property, because the "letter of interest," which stated, "This LOI does not legally bind the purchaser to any of the terms written," did not constitute a "transaction," as required by the parties' real estate brokerage agreement. Moreover, the subsequent sale at a different price occurred outside the 90-day period provided for in...

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