PICKEN v. RN REALTY LLC

Index No. 653313/14. Appeal No. 15518-15518A. Case Nos. 2021-00910, 2021-00913.

203 A.D.3d 521 (2022)

161 N.Y.S.3d 772

2022 NY Slip Op 01749

Alexander Picken et al., Respondents-Appellants, v. RN Realty LLC, Appellant-Respondent.

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

Decided March 15, 2022.


Attorney(s) appearing for the Case

Bauman Law Group, P.C., Bronxville ( Timothy C. Bauman of counsel), for appellant-respondent.

McCalla Raymer Leibert Pierce, LLC, New York ( Daniel S. LoPresti , of counsel), for respondents-appellants.

Concur—Gische, J.P., Kern, González, Shulman, Higgitt, JJ.


The motion court correctly concluded that a trial is necessary to determine the question of whether defendant seller thwarted the natural progress of negotiations with plaintiff brokers in order to avoid paying plaintiffs a brokerage commission. Although defendant established prima facie that there had been no meeting of the minds with plaintiffs' prospective purchaser, the record reflects extensive work performed by plaintiffs, in addition to defendant's counsel's statement...

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