Joseph P. Day Realty Corp. v. Chera
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Gonzalez, J.
A real estate broker who acts as the procuring cause on a commercial lease, and whose labors and expectation of compensation are expressly acknowledged by the parties to the lease, may recover its commission from either the lessor or lessee under the theory of implied contract of employment. The precise issue we must decide is whether the lessor in this case was entitled to summary judgment dismissal of the broker’s complaint on the ground that no implied contract existed as a matter of law. As we conclude that the lessor failed to meet its burden in this…
2Cases cited17 opinions
- Sibbald v. . the Bethlehem Iron CompanyNew York Court of Appeals · 1881
- Miller v. . SchlossNew York Court of Appeals · 1916
- Greene v. HellmanNew York Court of Appeals · 1980
- Morris Cohon & Co. v. RussellNew York Court of Appeals · 1969
- Julien J. Studley, Inc. v. New York News, Inc.New York Court of Appeals · 1987
12 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Robert Cohn Associates, Inc. v. KosichAppellate Division of the Supreme Court of the State of New York · 2009
- Steuart Investment Co. v. Meyer Group, Ltd.District of Columbia Court of Appeals · 2013
- SPRE Realty, Ltd. v. DienstAppellate Division of the Supreme Court of the State of New York · 2014
- Zere Real Estate Services, Inc. v. Adamag Realty Corp.Appellate Division of the Supreme Court of the State of New York · 2009
- Siegel Consultants, Ltd. v. Nokia, Inc.Appellate Division of the Supreme Court of the State of New York · 2011
14 more not listed; retrieve them via the Exa API.