Rosenfeld Realty Co. v. Cadence Industries Corp.

Plaintiff sued defendant for brokerage commissions arising out of a sublease admittedly negotiated and obtained by the plaintiff, a real estate broker, on behalf of a *635predecessor of the defendant, the lessee under a major lease with the owner of the property. The sublease drawn by the broker included two provisions pertinent to this litigation, paragraphs 44 and 62, which read as follows:

“ Paragraph 44. The Landlord, in appointing Rosenfeld Realty Co. his Rental Agent herein, does so for and in consideration of its services in securing the tenant herein and the negotiation of this agreement,…