Cushman & Wakefield, Inc. v. Equitable Life Assurance Society of United States

Judgment, Supreme Court, New York County (Shirley Fingerhood, J.), entered April 21, 1988, upon a jury verdict in favor of plaintiff-respondent-cross-appellant for brokerage fees in the amount of $4,534,427.78 together with interest thereon, unanimously reversed, on the law, and the matter remanded for a new trial, without costs.

The trial court failed to instruct the jury properly on the alternate theory of contract liability, because it omitted the necessary element of promissory intent, required, under the circumstances, for the creation of a binding obligation based upon defendant’s…