Schuckman Realty, Inc. v. Marine Midland Bank, N. A.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—In an action to recover a broker’s commission, the defendant appeals from an order of the Supreme Court, Nassau County (Schmidt, J.), entered June 19, 1996, which denied its motion to dismiss the complaint for failure to state a cause of action.
Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.
The plaintiffs are not entitled, under a theory of either express or implied contract, to recover a commission from the defendant. The defendant never retained the plaintiffs to act as its broker, and in fact the plaintiffs entered into…
2Cases cited10 opinions
- Clark-Fitzpatrick, Inc. v. Long Island Rail RoadNew York Court of Appeals · 1987
- Lama Holding Co. v. Smith Barney Inc.New York Court of Appeals · 1996
- Israel v. Wood Dolson Co.New York Court of Appeals · 1956
- Kagan v. K-Tel Entertainment, Inc.Appellate Division of the Supreme Court of the State of New York · 1991
- M.J. & K. Co. v. Matthew Bender & Co.Appellate Division of the Supreme Court of the State of New York · 1995
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- Black Car & Livery Insurance v. H&W Brokerage, Inc.Appellate Division of the Supreme Court of the State of New York · 2006
- Laborers Local 17 Health & Benefit Fund v. Philip Morris, Inc.District Court, S.D. New York · 1998
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