Duane Management Company v. Prudential Insurance Company

Because I am of the opinion that plaintiffs right to noncancellation commissions on the leases in effect when the property was sold had accrued, I respectfully dissent. The leasing agreement provided:

7.1 With respect to new leases ..., Owner shall pay Leasing Manager the leasing commissions set forth in Section I of Exhibit E hereto.

Section A(l) of Exhibit E provides:

With respect to each such new lease ..., Owner shall pay Leasing Manager a commission of five percent (5%) of the commission base, hereafter defined in Section III below.

Section A(4) of Exhibit E provides:

If a lease provides that…