The following papers were considered on the motion by defendant Hilary Levy, sued here as Hilary Chenel Levy, to dismiss the amended complaint as against her pursuant to CPLR 3211(a)(1) and (a)(7) (motion sequence 3), and the motion by defendant Houlihan/Lawrence, Inc., sued here as Houlihan Lawrence, and defendant Patricia Flood, to dismiss the amended complaint as against them pursuant to CPLR 3211(a)(1) and (a)(7) (motion sequence 4).Papers-Sequence 3 NumberedNotice of Motion, Affirmation, Exhibits A-B, and Memorandum of Law 1Affirmation in Opposition, Exhibit A, and Memorandum of Law 2Reply Affirmation, Exhibits C-D, and Reply Memorandum of Law 3-Sequence 4Notice of Motion, Affirmation, Exhibits A-B, and Memorandum of Law 4Affirmation in Opposition, Exhibit A, and Memorandum of Law 5Reply Memorandum of Law 6DECISION and ORDER
*1 These motions require this Court to consider the nature and extent of the fiduciary duty owed by a real estate brokerage firm and its agents when it agrees to act as a seller’s listing agent.Plaintiff is the owner of a parcel of commercial real estate located at 88-106 North Broadway in Irvington, New York. On January 17, 2014, plaintiff entered into an Exclusive Right to Sell/Rent Agreement with defendant Houlihan Lawrence, for a six-month period. The agreement specified that “[a]ll Houlihan Lawrence agents with the exception of Thomas LaPerch, Elizabeth Hargraves and Steven Salmone are to be considered outside brokers.” On August 27, 2014, plaintiff entered into a Land Purchase Agreement with Shelter Island Development, LLC, for the expressed purpose of developing a senior living community on the property. The Land Purchase Agreement expressly stated that Elizabeth Hargraves of Houlihan Lawrence was the broker who was acting on behalf of the seller.The Land Purchase Agreement was subject to specified contingencies, such as zoning and development approvals. Some members of the local community opposed the contemplated senior living community, apparently due to concerns regarding an influx of senior citizens in the village. Plaintiff alleges that defendants Patricia Flood and Hilary Levy,1 who were at the time both licensed real estate agents with Houlihan Lawrence, took action to actively oppose and interfere with the Shelter Island Development deal. According to the complaint, the purchaser determined that it would be unable to obtain the required approval, and terminated the Land Purchase Agreement; the termination letter dated April 21, 2016, stating that the purchaser was unable to obtain the Development Approvals, is annexed to the complaint.
