Sholom & Zuckerbrot Realty Corp. v. 101 Fleet Place Associates

Order unanimously reversed on the law with costs, cross motion denied and complaint reinstated. Memorandum: Supreme Court erred in granting defendants’ cross motion for summary judgment because there are triable issues of fact with respect to plaintiff’s entitlement to a broker’s commission as a result of an implied contract (see, Briggs v Rector, 88 AD2d 778; Smyczynski v Goeseke, 88 AD2d 765). The record establishes that plaintiff affixed a sign to defendants’ building, allegedly "with the owner’s permission and consent”, listing plaintiff as the exclusive agent. The ultimate tenant…