| L.B. Kaye Intl. Realty Commercial Servs., Inc. v 100 Varick Realty, LLC |
| 2005 NY Slip Op 00635 [15 AD3d 176] |
| February 3, 2005 |
| Appellate Division, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| L.B. Kaye International Realty Commercial Services, Inc., Respondent, v 100 Varick Realty, LLC, Appellant. |
—[*1]
Judgment, Supreme Court, New York County (Barbara R. Kapnick, J.), entered September 25, 2003, after a nonjury trial, awarding plaintiff real estate broker damages in the principal amount of $133,761, unanimously affirmed, without costs.
Inasmuch as the evidence, fairly considered, permitted the trial court, sitting as factfinder, to decide the matter as it did, its determination should not be disturbed (see Claridge Gardens, Inc. v Menotti, 160 AD2d 544, 544-545 [1990]; accord Executive Fashions, Inc. v Howard, 261 AD2d 159 [1999]). In light of the court's finding that defendant intentionally excluded plaintiff from exercising the exclusive leasing rights it obtained under the brokerage agreement, plaintiff was entitled to a full commission when defendant leased the premises covered by the agreement on its own. Concur—Andrias, J.P., Friedman, Sullivan, Nardelli and Williams, JJ.