Legal Opinion

HGCD Retail Services, LLC v. 44-45 Broadway Realty Co.

Appellate Division of the Supreme Court of the State of New York

Decided November 28, 2006PublishedCited by 16 opinions

1Opinion of the Court

OPINION OF THE COURT

McGuire, J.

This appeal arises from the grant of summary judgment to plaintiff HGCD Retail Services, LLC (HGCD) in an action it commenced to obtain a commission in a failed real estate transaction. Under the terms of the controlling written agreement, HGCD is not entitled to a commission. Accordingly, we modify to dismiss the complaint in its entirety.

Defendants 44-45 Broadway Realty Co. (Broadway) and Bow-tie Management Co., LLC (Bowtie), entered into a brokerage agreement with HGCD in connection with a contemplated long-term lease by Broadway of a portion of a building it…

2Cases cited14 opinions

  1. Merritt Hill Vineyards Inc. v. Windy Heights Vineyard, Inc.New York Court of Appeals · 1984
  2. Vermont Teddy Bear Co. v. 538 Madison Realty Co.New York Court of Appeals · 2004
  3. Muzak Corp. v. Hotel Taft Corp.New York Court of Appeals · 1956
  4. Two Guys v. S.F.R. Realty AssociatesNew York Court of Appeals · 1984
  5. Slatt v. SlattNew York Court of Appeals · 1985

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3Cited by16 opinions

  1. Brady v. Williams Capital Group, L.P.Appellate Division of the Supreme Court of the State of New York · 2009
  2. ERC 16W Ltd. Partnership v. Xanadu Mezz Holdings LLCAppellate Division of the Supreme Court of the State of New York · 2012
  3. Roswell Capital Partners LLC v. Alternative Construction TechnologiesDistrict Court, S.D. New York · 2009
  4. Thor Properties, LLC v. Chetrit Group LLCAppellate Division of the Supreme Court of the State of New York · 2012
  5. Kremer v. Sinopia LLCAppellate Division of the Supreme Court of the State of New York · 2013

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