No Brokerage Commission Due Where Plaintiff Did Nothing to Procure Sale

In Miron Properties, LLC v. Eberli (App. Div. March 10, 2015), a breach of contract/brokerage commission case, the Appellate Division, First Department affirmed summary judgment for defendant dismissing the complaint.

In ruling for defendant, the court (tersely) stated:

Defendants demonstrated that plaintiff was not entitled to a brokerage commission with respect to defendant limited liability company’s purchase of a condominium unit. The brokerage agreement did not clearly provide plaintiff with the exclusive right to deal on defendant Eberli’s behalf, and plaintiff did virtually nothing to procure the transaction or even to bring the property to the purchaser’s attention.

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