Cushman & Wakefield Inc. v. 214 East 49th Street Corp.

Murphy, P. J. (dissenting).

The evidence adduced at the trial of this matter showed that after trying unsuccessfully for two years to sell its commercial building located at 214 East 49th Street through its managing agent, Harris Stein, the defendant, in February of 1988, entered into a brokerage agreement with plaintiff Cushman & Wakefield. That agreement provided in relevant part that plaintiff would have the exclusive right to sell the 214 East 49th Street property and that if the property was at any time subsequent to the agreement purchased by a prospect solicited within the agreement’s…