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Breslin Realty Devel. Corp. v. 112 Leaseholds

Appellate Division of the Supreme Court of New York, Second Department
Mar 17, 2000
270 A.D.2d 299 (N.Y. App. Div. 2000)

Opinion

Argued January 18, 2000

March 17, 2000

In an action, inter alia, to recover a brokerage commission, the defendant appeals from so much of an order of the Supreme Court, Suffolk County (Doyle, J.), dated June 17, 1999, as denied those branches of its motion which were for summary judgment dismissing the second and third causes of action to recover damages for breach of contract and to recover based on quantum meruit, respectively.

Cahn Wishod Knauer, LLP, Melville, N.Y. (Eugene L. Wishod of counsel), for appellant.

Dollinger, Gonski Grossman, Carle Place, N.Y. (Matthew Dollinger of counsel), for respondent.

LAWRENCE J. BRACKEN, J.P., LEO F. McGINITY, DANIEL F. LUCIANO SANDRA J. FEUERSTEIN, JJ.


DECISION ORDER

ORDERED that the order is affirmed insofar as appealed from, with costs.

We agree with the Supreme Court that there are triable issues of fact as to whether there was a brokerage agreement between the parties and, if so, what the material terms of that agreement were, including when a commission became due. Accordingly, the Supreme Court properly denied that branch of the defendant's motion which was for summary judgment dismissing the cause of action to recover damages for breach of contract (see, Patrolmen's Benevolent Assn. of City of N.Y. v. City of New York, 27 N.Y.2d 410; cf., Dwelling Quest Corp. v. Greater N.Y. Sav. Bank, 246 A.D.2d 431).

Inasmuch as there is a bona fide dispute as to the existence of a contract, the plaintiff may proceed on theories of breach of contract and quantum meruit (see, Curtis Props. Corp. v. Giref Cos., 236 A.D.2d 237; Joseph Sternberg, Inc. v. Walber 36th St. Assocs., 187 A.D.2d 225).

BRACKEN, J.P., McGINITY, LUCIANO, and FEUERSTEIN, JJ., concur.


Summaries of

Breslin Realty Devel. Corp. v. 112 Leaseholds

Appellate Division of the Supreme Court of New York, Second Department
Mar 17, 2000
270 A.D.2d 299 (N.Y. App. Div. 2000)
Case details for

Breslin Realty Devel. Corp. v. 112 Leaseholds

Case Details

Full title:BRESLIN REALTY DEVELOPMENT CORP., Respondent, v. 112 LEASEHOLDS, LLC…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Mar 17, 2000

Citations

270 A.D.2d 299 (N.Y. App. Div. 2000)
704 N.Y.S.2d 861

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