Lee Odell Real Estate, Inc. v. Fitzgerald

Order, Supreme Court, New York County (Beatrice Shainswit, J.), entered on or about December 5, 1990, which confirmed the report of the Judicial Hearing Officer (Dennis Edwards, Jr.) finding that defendant-seller of real property knowingly blocked its sale and thereby deprived plaintiff-broker of its $40,000 commission, denied defendant’s motion to dismiss the complaint, and granted plaintiffs cross-motion for summary judgment, is unanimously affirmed, with costs.

Defendant signed a contract, dated March 18, 1986, whereby he, as president of the property’s purported record owner, 33 St. Marks…