Kennedy, Ryan, Monigal & Associates, Inc. v. Watkins

The defendant, Dr. Irvin B. Watkins (Watkins), appeals from an order granting summary judgment to the plaintiff, Kennedy, Ryan, Monigal & Associates, Inc. (Kennedy), a real estate broker, on a complaint filed by Kennedy against Watkins for commissions allegedly due pursuant to a written agreement.

The complaint was in two counts. Count I alleged that Kennedy procured the tenant that rented Watkins’ property. Count II alleged that Kennedy was entitled to a commission under an exclusive leasing agreement even if it did not procure the tenant. The judge entered summary judgment for the plaintiff…