Georgia Malone & Co. v. Extell Development Co.

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…