Douglas L. Elliman & Co. v. Lantzounis

William C. Hecht, Jr., J.

Defendant moves for a dismissal of the first, second and third causes for legal insufficiency, or in the alternative for relief with respect thereto pursuant to rule 103 of the Rules of Civil Practice. It is alleged that plaintiff was engaged as a broker by the defendant to secure a lease. The first cause is based on the contract; the second is in quantum meruit, and the third is in deceit.

Under the first cause the question is whether the defendant is absolved from liability by reason of the escape provision contained in the brokerage contract. The provision is as…