Opinion
April 25, 2000.
Order, Supreme Court, New York County (Charles Ramos, J.), entered March 29, 1999, which granted the motion of defendant Hiro Real Estate Co. for summary judgment and denied plaintiff's cross motion for summary judgment, unanimously affirmed, with costs.
Clarence S. Barasch, for plaintiff-appellant.
Dennis C. O'Donnell, for defendant-respondent.
ROSENBERGER, J.P., NARDELLI, TOM, WALLACH, SAXE, JJ.
Plaintiff has failed to demonstrate its entitlement to a real estate brokerage commission. Indeed, the evidence establishes, to the contrary, that no "meeting of minds" occurred between defendant owner and Memorial Sloan Kettering Cancer Center concerning the essential terms of a lease to rent space in defendant's building (see, Rusciano Realty Servs., Ltd. v. Griffler, 62 N.Y.2d 696). As the IAS court properly held, Sloan Kettering did not accept the lease terms proposed by defendant since its counter-offer operated to terminate defendant's original offer and rendered any subsequent acceptance of the original offer inoperative (see, Greystone Partnerships Group, Inc. v. Koninklijke Luchtvaart Maatschappij, N.V., 815 F. Supp. 745, 7 53). In any case, the conduct of the parties after the alleged June 30th "meeting of minds" clearly reveals that negotiations concerning rental levels were on-going and that an agreement on rent had not been reached. Furthermore, since defendant was not unjustly enriched by plaintiff's services, plaintiff may not recover in quantum meruit (see, Bradkin v. Leverton, 26 N.Y.2d 192, 197).
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.