Legal Opinion

Baumann Realtors, Inc. v. First Columbia Century-30, LLC

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

Decided July 7, 2017No. 853 CA 16-02141PublishedCited by 1 opinion

1Opinion of the Court

Appeal from an order of the Supreme Court, Erie County (Timothy J. Walker, A.J.), entered April 28, 2016. The order denied the motion of defendants for summary judgment dismissing the complaint.

It is hereby ordered that the order so appealed from is unanimously reversed on the law without costs, the motion is granted and the complaint is dismissed.

Memorandum: In 2001, plaintiff entered into a broker commission agreement (agreement) with defendant First Columbia Century-30, LLC (First Columbia), which provided, inter alia, that plaintiff would be paid a five percent commission upon occupancy…

2Cases cited8 opinions

  1. Alvarez v. Prospect HospitalNew York Court of Appeals · 1986
  2. Thomas J. O'Brien v. Port Authority of New York and New JerseyNew York Court of Appeals · 2017
  3. Moses v. SavedoffAppellate Division of the Supreme Court of the State of New York · 2012
  4. BAUMANN REALTORS, INC. v. FIRST COLUMBIA CENTURY-30, LLCAppellate Division of the Supreme Court of the State of New York · 2014
  5. 191 Chrystie LLC v. LedouxAppellate Division of the Supreme Court of the State of New York · 2011

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3Cited by1 opinion

  1. Michael Tomlin, Individually, and d/b/a The Tomlin Company v. Nephrology Associates, P.C.Court of Appeals of Tennessee · 2024

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