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LHWS LLC v. S.L. GREEN REALTY CORP.

Index No. 653401/20, Appeal No. 16064, Case No. 2021-04529.

206 A.D.3d 411 (2022)

170 N.Y.S.3d 31

2022 NY Slip Op 03574

LHWS LLC, Respondent-Appellant, v. S.L. Green Realty Corp., Appellant-Respondent.

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

Decided June 2, 2022.

Attorney(s) appearing for the Case

Cyruli Shanks & Zizmor, LLP, New York ( James E. Schwartz of counsel), for appellant-respondent.

Rosenfeld & Kaplan, LLP, New York ( Steven M. Kaplan of counsel), for respondent-appellant.

Concur—Manzanet-Daniels, J.P., Kapnick, Shulman, Rodriguez, Higgitt, JJ.

A real estate broker claiming entitlement to an earned commission must allege that the broker was "the procuring cause of the transaction, meaning that there must be a direct and proximate link, as distinguished from one that is indirect and remote, between the introduction by the broker and the consummation of the transaction" (SPRE Realty, Ltd. v Dienst, 119 A.D.3d 93, 98 [1st Dept 2014...

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