BREAA, LLC v. Passarelli

Order, Supreme Court, New York County (Ellen Coin, J.), entered September 17, 2012, which denied defendant’s motion to dismiss the complaint, unanimously reversed, on the law, with costs, the motion granted and the complaint dismissed. The Clerk is directed to enter judgment accordingly.

The agreement between the parties provided that plaintiffs officer-members would be defendant’s exclusive agents to represent him in finding a buyer for his valuable comic book, but it did not give them the exclusive right to sell (see Far Realty Assoc. Inc. v RKO Del. Corp., 34 AD3d 261 [1st Dept 2006]).…