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Real Property Law
Broker Entitled to Commission Even Without Contract
Gluck & Company Realtors, LLC v. Burger King Corp. NYLJ 8/10/18, p. 27, col. 3 AppDiv, Second Dept. (memorandum opinion)
In an action for a brokerage commission, seller appealed from Supreme Court's judgment, after nonjury trial, awarding a commission to the broker. The Appellate Division affirmed, holding that even in the absence of a brokerage contract, the broker had established its entitlement to a commission.
The broker's president testified that she was negotiating the terms of a lease to a franchisee of Burger King. When she asked the owner to sign a commission agreement, the seller's principal terminated the broker's services and subsequently entered into a lease with a Burger King franchisee. Seller contended that the lease was negotiated by a different broker and refused to pay a commission to plaintiff broker. Supreme Court concluded that the broker was entitled to a commission of $55,810.08.
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