Douglas L. Elliman & Co. v. Sterling Garage, Inc.

We think that defendant was entitled to summary judgment dismissing the complaint in this action for brokerage commissions, claimed to have been earned through procuring a prospective long-term lessee of real estate. Defendant-appellant is the owner of the real property. Plaintiff was hired by it as broker to obtain a satisfactory lessee prepared to enter into a lease that would be satisfactory to the owner. No price nor terms were given to the broker in advance. A commission could only be earned, under the initial arrangement with the broker, in event that the owner were to agree to accept a…