Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

HARLEM LOFTS, INC., plf-res, v. ANDRE BROWN, def-ap

12-436. HARLEM LOFTS, INC., plf-res, v. ANDRE BROWN, def-ap — Judgment (Tanya R. Kennedy, J.), entered on or about July 28, 2011, modified to reduce plaintiff's damage award to the principal sum of $1,850; as modified, judgment affirmed, without costs.

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

12-436. HARLEM LOFTS, INC., plf-res, v. ANDRE BROWN, def-ap — Judgment (Tanya R. Kennedy, J.), entered on or about July 28, 2011, modified to reduce plaintiff’s damage award to the principal sum of $1,850; as modified, judgment affirmed, without costs.

Applying the narrow standard of review governing appeals in small claims actions (see CCA 1807), and giving due deference to the trial court’s findings of fact and credibility (see Williams v. Roper, 269 AD2d 125, 126 [2000], Iv dismissed 95 NY2d 898 [2000]), we find no basis to disturb the court’s determination that the plaintiff real estate broker was entitled to a commission pursuant to the parties “exclusive” brokerage agreement (see Interactive Props. v. Doyle Dane Bernbach, 125 AD2d 265, 272-273 [1986], Iv denied 70 NY2d 613 [1987]). The record supports a finding that defendant’s intentional delay in executing the lease agreement with his prospective tenant constituted a bad faith attempt to deprive plaintiff of a commission, conduct which cannot be allowed to absolve defendant of liability otherwise firmly established (see Sibbald v. Bethlehem Iron Co., 83 NY 378, 384 [1881]; O’Connell v. Rao, 70 AD2d 982 [1979], Iv denied 48 NY2d 609 [1979]; Julien J. Studley, Inc. v. Coach, Inc., 3 AD3d 358, 359 [2004]). Thus, the court’s resolution of the liability aspect of the action in plaintiff’s favor achieved substantial justice consistent with substantive law principles (see CCA 1804, 1807).

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
New York Legal Awards 2024
September 05, 2024
New York, NY

The New York Law Journal honors attorneys and judges who have made a remarkable difference in the legal profession in New York.


Learn More
Elite Trial Lawyers 2024
July 11, 2024
New York, NY

The National Law Journal Elite Trial Lawyers recognizes U.S.-based law firms performing exemplary work on behalf of plaintiffs.


Learn More
GlobeSt. Women of Influence (WOI) 2024
July 22, 2024 - July 24, 2024
Lake Tahoe, CA

GlobeSt. Women of Influence Conference celebrates the women who drive the commercial real estate industry forward.


Learn More
Go to Events Go to Webcasts
Litigation Associate

Skolnick Legal Group, P.C., a construction and commercial litigation firm with offices in New Jersey and New York is seeking a Litigation As...


Apply Now ›
Insurance Coverage Litigation Attorney - New York

Cullen and Dykman is seeking an associate attorney with a minimum of 5+ years in insurance coverage experience as well as risk transfer and ...


Apply Now ›
INSURANCE COVERAGE ASSOCIATE

McCarter & English, LLP is actively seeking a midlevel insurance coverage associate for its Newark, NJ and/or Philadelphia, PA offices. ...


Apply Now ›
Go to Lawjobs
Lawyers of Distinction
06/27/2024
The American Lawyer

Professional Announcement


View Announcement ›
SMGQ Law
06/21/2024
Daily Business Review

Full Page Announcement


View Announcement ›
Blume Forte Fried Zerres & Molinari
06/14/2024
New Jersey Law Journal

Professional Announcement


View Announcement ›
Go to Professional Announcements