Legal Opinion
Williams Real Estate Co. v. Viking Penguin, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided June 11, 1996PublishedCited by 4 opinions
1Opinion of the Court
We agree with the motion court that there are sufficient factual issues as to the existence of an oral exclusive brokerage agreement concerning certain leasehold space for defendants’ consolidated operations. As in our case of Gordon Co. v Tucker Anthony & R.L. Day (162 AD2d 319), plaintiff seeks damages for the breach of this alleged oral exclusive agreement to "cover” or "protect” plaintiff with respect to the specific properties introduced to defendants. The alleged breach is in the nature of repudiation by preventing plaintiff from becoming the procuring cause of the lease (see, Curtis…
2Cases cited6 opinions
- Greene v. HellmanNew York Court of Appeals · 1980
- Curtis Properties Corp. v. Greif Co.Appellate Division of the Supreme Court of the State of New York · 1995
- Lanstar International Realty, Inc. v. New York News, Inc.Appellate Division of the Supreme Court of the State of New York · 1994
- Ackman v. TaylorNew York Court of Appeals · 1946
- Edward S. Gordon Co. v. Tucker Anthony & R.L. Day, Inc.Appellate Division of the Supreme Court of the State of New York · 1990
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3Cited by4 opinions
- SPRE Realty, Ltd. v. DienstAppellate Division of the Supreme Court of the State of New York · 2014
- Winick Realty Group LLC v. Austin & AssociatesAppellate Division of the Supreme Court of the State of New York · 2008
- Kenneth Yustman Associates, Inc. v. BermanAppellate Division of the Supreme Court of the State of New York · 1998
- SPRE Realty, Ltd. v. DienstAppellate Division of the Supreme Court of the State of New York · 2014