Legal Opinion

Georgia Malone & Co. v. Extell Development Co.

Appellate Division of the Supreme Court of the State of New York

Decided June 19, 2014Published

1Opinion of the Court

Judgment, Supreme Court, New York County (Joan M. Kenney, J.), entered January 16, 2014, in favor of plaintiff, unanimously affirmed, with costs.

Plaintiffs entitlement to a broker’s commission is established by the real estate contract, which acknowledges plaintiffs performance of services and expressly promises that plaintiff will be paid by the sellers in the subject transaction (Helmsley-Spear.; Inc. v New York Blood Ctr., 257 AD2d 64, 67 [1st Dept 1999]). However, the contract does not specify the amount of the commission, and there is no separate brokerage agreement. Thus, plaintiff is…

2Cases cited4 opinions

  1. Helmsley-Spear, Inc. v. New York Blood Center, Inc.Appellate Division of the Supreme Court of the State of New York · 1999
  2. Guzman v. 4030 Bronx Boulevard Associates L.L.C.Appellate Division of the Supreme Court of the State of New York · 2008
  3. Lipschitz v. New York City Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 1999
  4. Downes v. American Monument Co.Appellate Division of the Supreme Court of the State of New York · 2001

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