Ely-Cruikshank Co. v. Bank of Montreal

Carro and Asch, JJ., dissent in a memorandum by Carro, J., as follows:

Plaintiff real estate broker asserts that it is entitled to a brokerage commission for the sale on February 1, 1984, of a building owned by defendant Bank of Montreal ("Bank”), which sale took place two months after the Bank’s termination of an exclusive brokerage agreement. As the agreement provided that all inquiries for sale of the premises "shall be referred to [plaintiff], and all negotiations connected therewith shall be conducted solely by or under the direction *184of [plaintiff],” plaintiff might have a cause of action…