| Parker Realty Group, Inc. v Petigny |
| 2010 NY Slip Op 03802 [14 NY3d 864] |
| May 6, 2010 |
| Court of Appeals |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| As corrected through Wednesday, July 14, 2010 |
| Parker Realty Group, Inc., Appellant, v A. Michelle Petigny, Individually and as President of Eastern Parkway Holdings LLC, Respondent, et al., Defendants. |
Decided May 6, 2010
Parker Realty Group, Inc. v Petigny, 68 AD3d 571, affirmed.
APPEARANCES OF COUNSEL
Kip Lenoir, New York City, for appellant.
Howard L. Sherman, Ossining, for respondent.
Memorandum.
The order of the Appellate Division should be affirmed with costs. Recovery [*2]under the theory of quantum meruit is{**14 NY3d at 866} not appropriate where, as here, an express contract governed the subject matter involved (Miller v Schloss, 218 NY 400, 406-407 [1916]; see also Julien J. Studley, Inc. v New York News, 70 NY2d 628, 629 [1987]). Additionally, plaintiff failed to establish that the parties modified their exclusive brokerage agreement. In the absence of a valid governing exclusive brokerage agreement, plaintiff was not entitled to a commission on the sale to the ultimate buyer, as it was not the procuring cause of the sale (see Greene v Hellman, 51 NY2d 197, 206 [1980]).
Chief Judge Lippman and Judges Ciparick, Graffeo, Read, Smith, Pigott and Jones concur.
On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order affirmed, with costs, in a memorandum.