Spivak v. Madison-54th Realty Co.

Plaintiff, a real estate broker, seeks to recover a commission allegedly due upon a tenant’s exercise of an option to renew its lease. The defendants assert two essential defenses: (a) lack of privity under the contract of brokerage between plaintiff and Weylin Building Company, the original owner of the leasehold, and (b) tenant’s failure to effectively exercise the option and take possession of the premises for the renewal period.

The leasehold involves two floors in an office building with many subtenants. The brokerage agreement between plaintiff and the owner, executed on March 1, 1956,…