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Realty Exec. N. Shore v. Re Max E. Props.

Judgement Dismissing Broker's Complaint for Commissions Against Seller, Brokerage Affirmed

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DECISION & ORDER

*1  Appeal from an order of the District Court of Suffolk County, Third District (James Matthews, J.), dated April 1, 2016, deemed from a judgment of that court entered May 3, 2016 (see CPLR 5501 [c]). The judgment, entered pursuant to the April 1, 2016 order granting a separate motion by each defendant for summary judgment dismissing so much of the complaint as was asserted against that defendant and denying plaintiff’s cross motion for summary judgment as against both defendants, dismissed the complaint.ORDERED that the judgment is affirmed, without costs.Defendant Barbara Walsh entered into a real estate brokerage “listing agreement” with defendant Re Max Eastern Properties (Re Max) pursuant to which Walsh agreed, among other things, that she would pay a 2.5 percent brokerage commission to a cooperating broker if the cooperating broker produced a buyer “ready, willing and able to purchase the property on the terms and conditions” set forth on an annexed multiple listing service residential property data section (PDS), or if, through the efforts of the cooperating broker, Walsh and a buyer reached an agreement “upon all the essential terms of a transaction.” The PDS stated a listing price of $359,999. A description of the property, which plaintiff’s owner, Linda Bonarelli Lugo, indicated was a “necessary disclosure document,” stated, in the remarks section, “No Commissions Paid Until Closing of Title.”Plaintiff, which acted as a “cooperating broker,” introduced

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