Winick Realty Group LLC v. Austin & Associates

Order, Supreme Court, New York County (Rolando T. Acosta, J.), entered November 30, 2007, which, inter alia, denied defendant Austin & Associates’ motion to dismiss the complaint pursuant to CPLR 3211 (a) (1) and (7), unanimously affirmed, with costs.

The complaint sufficiently sets forth a cause of action for recovery of a share of a real estate brokerage commission pursuant to an alleged oral agreement, at least on the theory that Austin’s bad faith conduct prevented plaintiff from becoming the procuring cause of the leasing transaction consummated by the parties’ client (see Di Stefano v…