William T. Bell & Associates, L. L. P. v. Pyramid Brokerage Co.

Judgment unanimously reversed on the law without costs and motion denied. Memorandum: Supreme Court erred in granting plaintiffs motion seeking summary judgment. The parties are real estate brokerage firms that agreed to co-broke a lease commission. Plaintiff commenced the present action alleging that defendant breached the co-brokerage agreement by failing to pay plaintiff its share of the commission. Defendant contends that it is not obligated under the parties’ agreement to make that payment until it receives payment of the lease commission from its principal. We agree.

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