| Vitow v Nacro |
| 2012 NY Slip Op 52109(U) [37 Misc 3d 134(A)] |
| Decided on November 14, 2012 |
| Appellate Term, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This opinion is uncorrected and will not be published in the printed Official Reports. |
Plaintiff appeals from a judgment of the Civil Court of the City of New York, New
York County (Margaret A. Chan, J.), entered February 1, 2012, after inquest, in favor of
defendant dismissing the complaint.
Per Curiam.
Judgment (Margaret A. Chan, J.), entered February 1, 2012, affirmed, with $25 costs.
The proof offered by plaintiff at inquest failed to establish his threshold entitlement to a brokerage commission from defendant, the lessor of an apartment. Rather, the unambiguous terms of the governing brokerage agreement expressly provided that commissions were to be payable solely to the nonparty broker, for whom plaintiff acted as "agent." Plaintiff's claim for compensation, therefore, does not lie against defendant (see Valdina v Martin, 47 AD3d 1159 [2008]; RSWP Realty. LLC v Agusta, 42 AD3d 490 [2007]; Geoffrey S. Matherson & Assoc. v Calderone, 190 Misc 2d 775 [2001]).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: November 14, 2012