Insignia Douglas Elliman LLC Retail Group v. Merrell

Order, Supreme Court, New York County (Emily Jane Goodman, J.), entered March 1, 2004, which, to the extent appealed from, denied defendant’s cross motion for summary judgment, unanimously reversed, on the law, without costs, and the cross motion granted. The Clerk is directed to enter judgment in favor of defendant dismissing the complaint.

Plaintiff seeks to recover a commission from defendant landlord/owner in connection with a 10-year sublease of certain commercial premises located in lower Manhattan. These premises are owned by a cooperative corporation whose bylaws provide that any…