Opinion
11437 Index 156221/16
04-30-2020
Mario KUCHER, Plaintiff–Respondent–Appellant, v. Elliot SOHAYEGH, et al., Defendants–Appellants–Respondents.
The Price Law Firm LLC, New York (Joshua C. Price of counsel), for appellants-respondents. Sutton Sachs Meyer PLLC, New York (Zachary G. Meyer of counsel), for respondent-appellant.
The Price Law Firm LLC, New York (Joshua C. Price of counsel), for appellants-respondents.
Sutton Sachs Meyer PLLC, New York (Zachary G. Meyer of counsel), for respondent-appellant.
Friedman, J.P., Kapnick, Webber, Oing, JJ.
Order, Supreme Court, New York County (Lynn R. Kotler, J.), entered on or about October 9, 2019, which, insofar as appealed from as limited by the briefs, denied plaintiff's motion for summary judgment dismissing the counterclaim, and denied defendants' cross motion for summary judgment dismissing the cause of action for breach of contract and on its counterclaim, unanimously modified, on the law, to grant defendants' motion as to the breach of contract cause of action, and otherwise affirmed, without costs.
The record demonstrates that plaintiff, who is not a licensed real estate broker, may not recover for breach of contract pursuant to Real Property Law § 442–d because the subject property was the dominant feature of the transaction at issue. Plaintiff failed to raise a factual issue that the "Management Fee Agreement" that provided plaintiff with a "Management Fee" of $1 million is a finder's fee or a fee for services facilitating the purchase and sale of that property ( Real Property Law § 440[1] ; Sorice v. DuBois, 25 A.D.2d 521, 267 N.Y.S.2d 227 [1st Dept. 1966] ). The record does not support plaintiff's claim that the compensation he seeks is for any non-brokerage, management services he rendered in connection with the transaction (see Futersak v. Perl, 84 A.D.3d 1309, 923 N.Y.S.2d 728 [2d Dept. 2011], lv. denied 18 N.Y.3d 943, 944 N.Y.S.2d 466, 967 N.E.2d 690 [2012] ).
The court otherwise correctly denied the parties' motions.