Legal Opinion

Pryce v. Hamilton, Kane, Martin Enterprises, Inc.

Appellate Division of the Supreme Court of the State of New York

Decided August 2, 2004Published

1Opinion of the Court

In an action to recover a real estate brokerage commission, the plaintiff appeals from an order of the Supreme Court, Suffolk County (Jones, J.), dated March 21, 2003, which granted the defendants’ motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

In response to the defendants’ prima facie showing of entitlement to judgment as a matter of law, the plaintiff failed to raise a triable issue of fact as to whether it was the procuring cause of the lease between the defendants (see Philip Winograd, Inc. v Prudential Ins. Co. of Am., 63 NY2d 837…

2Cases cited4 opinions

  1. Greene v. HellmanNew York Court of Appeals · 1980
  2. Dagar Group, Ltd. v. Hannaford Bros.Appellate Division of the Supreme Court of the State of New York · 2002
  3. Goldstein v. BalliranoAppellate Division of the Supreme Court of the State of New York · 1999
  4. Philip Winograd, Inc. v. Prudential Insurance Co. of AmericaNew York Court of Appeals · 1984

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