Opinion
2002-06796
Argued March 24, 2003.
April 21, 2003.
In an action to recover a broker's commission, the defendants appeal from an order of the Supreme Court, Nassau County (Franco, J.), entered June 14, 2002, which denied their motion for summary judgment dismissing the complaint.
Dollinger, Gonski Grossman, Carle Place, N.Y. (Matthew Dollinger of counsel), for respondent.
Piper Rudnick, LLP, New York, N.Y. (Loren H. Brown, Dana C. Lumsden, and Christopher G. Campbell of counsel), for appellants.
Before: MYRIAM J. ALTMAN, J.P., DANIEL F. LUCIANO, THOMAS A. ADAMS, REINALDO E. RIVERA, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with costs.
The Supreme Court properly denied the defendants' motion for summary judgment dismissing the complaint. The defendants failed to demonstrate their prima facie entitlement to judgment as a matter of law (see Alvarez v. Prospect Hosp., 68 N.Y.2d 320). In this regard, questions of fact exist as to whether the defendants affirmatively assumed the obligation to pay the subject broker's commission (see Bank of N.Y., Albany v. Hirschfeld, 37 N.Y.2d 501, 506; cf. Longley-Jones Assoc. v. Ircon Realty Co., 67 N.Y.2d 346; Feinberg Bros. Agency, v. Schornstein, 134 A.D.2d 235).
The defendants' remaining contention is without merit.
ALTMAN, J.P., LUCIANO, ADAMS and RIVERA, JJ., concur.