Morgan Barrington Associates of New York, Inc. v. 175 East 74th Corp.

—Judgment, Supreme Court, New York County (Diane Lebedeff, J.), entered June 11, 1998, in favor of plaintiff broker and against defendant landlord in an action to recover a real estate broker’s commission, and bringing up for review a prior order granting plaintiff’s motion for summary judgment, unanimously affirmed, with costs.

The IAS Court correctly held that defendant’s obtaining of a RPAPL 749 warrant for the tenant’s removal did not “terminate” the tenancy for purposes of the parties’ real estate brokerage commission contract. While that contract provided that the commission was…