X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

2402. MICHAEL LEIBMAN & ASSOCIATES, INC., a/k/a LEIBMAN & ASSOCIATES, INC., plf-res, v. ULTIMATE COMBUSTION CO., INC., TRADING AS UCC TECHNOLOGY def-ap — Harrington, Ocko & Monk, LLP, White Plains (Michael W. Freudenberg of counsel), for ap — Schwartz & Blumenstein, New York (Clifford Schwartz of counsel), for res — Order, Supreme Court, New York County (Shirley Werner Kornreich, J.), entered on or about January 29, 2015, which denied defendants’ motion for summary judgment dismissing the complaint, unanimously affirmed, with costs.

Defendants failed to demonstrate conclusively that the June 6, 2009 agreement pursuant to which defendant Ultimate Combustion Co., Inc. retained plaintiff as a broker to procure a purchaser for the corporation’s assets is illegal, void or unenforceable. They argue that plaintiff performed broker services in Florida without a license to do so, in contravention of Florida Statutes §475.41. Defendants are correct that the statute applies to business brokers, as well as real estate brokers, operating within Florida (see Meteor Motors, Inc. v. Thompson Halbach & Assoc., 914 So 2d 479 [Fla Dist Ct App 2005]; see also Hendricks v. Department of Bus. & Professional Regulation, 183 So 3d 1172, 1174 [Fla Dist Ct App 2016]). However, issues of fact exist as to whether plaintiff performed any broker services in the State of Florida.

 
Reprints & Licensing
Mentioned in a Law.com story?

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

More From ALM

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
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
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
September 04, 2025
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
February 24, 2025 - February 26, 2025
Las Vegas, NV

This conference aims to help insurers and litigators better manage complex claims and litigation.


Learn More
March 24, 2025
New York, NY

Recognizing innovation in the legal technology sector for working on precedent-setting, game-changing projects and initiatives.


Learn More

Boutique Law Firm in Englewood Cliffs, NJ is seeking an Experienced Commercial Real Estate/Transactional Attorney for a full-time position. ...


Apply Now ›

Boutique Law Firm in Englewood Cliffs, New Jersey is seeking a Litigation Associate NJ Bar admission required. NY admission a plus but is no...


Apply Now ›

AttorneyJob Code: LEP023Pay Grade: NFLSA Status: ExemptLegal UnitJob Description:This position reports directly to the Chief Legal Officer, ...


Apply Now ›