Steve Elliot, LLC v. Foxboro Productions

Weston, J.E

(dissenting and voting to affirm the order in the following memorandum). While I agree that there is no requirement that a contract to pay a licensed real estate broker must be written, the majority incorrectly assumes that plaintiff is licensed and thus exempt from the requirement that a contract to pay must be in writing (see General Obligations Law § 5-701 [a] [10]). There is nothing in the record to support this assumption. Accordingly, I vote to affirm the order of the Civil Court, which granted defendant’s motion for summary judgment.

It is incumbent on a party moving for…