American Realty Advisors, Inc. v. Batton, Barton, Durstine & Osborn International, Inc.

Order of the Supreme Court, New York County (Diane A. Lebedeff, J.), entered May 27, 1988, which granted defendant’s motion for summary judgment dismissing the complaint, is unanimously affirmed, with costs.

In 1978, while employed by Edward S. Gordon Co. Inc., two individuals who later formed or joined plaintiff corporation conducted brief discussions with defendant’s chief financial officer regarding the latter’s possible need to rent additional office space. There is no assertion that the officer expressly hired Edward S. Gordon Co. Inc. to act as defendant’s agent or promised to pay for…