Real Estate Brokerage Fee Claim—Motion for Summary Judgment Dismissing the Complaint Denied —Issues of Fact as to Whether the Plaintiff Was the 'Procuring Cause' —Defendant Claimed He Resurrected the Transaction After His Original Offer Was Rejected—Defendant Asserted He Subsequently Determined To Pay Almost the Full Asking Price After Further 'Consideration and Analysis'

A plaintiff real estate broker sued the defendants for a brokerage commission in connection with the sale of a building (building). The defendants were the seller who sold the building, the buyer an individual defendant ("A"), an alleged principal of the buyer and an agent of the buyer.

The complaint alleged that the defendants "concocted a scheme to deny Plaintiff – a real estate brokerage firm – a commission earned from being the procuring cause of the purchase and sale of the… (building)." The plaintiff alleged that it introduced the then potential investor ("A") and to the seller, and that plaintiff had "facilitated negotiations" between the seller and ("A") for the purchase of the building. The complaint further alleged that "A" and the seller had "reached a temporary impasse on price." The plaintiff believed that no deal had materialized at that time.