Cutler v Cafaro
2019 NY Slip Op 05013 [173 AD3d 579]
June 20, 2019
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, July 31, 2019


[*1]
 Joanna Cutler, Respondent,
v
Renee Cafaro et al., Appellants.

Kaplan Rice LLP, New York (Daniel D. Edelman of counsel), for appellants.

Order, Supreme Court, New York County (Melissa Crane, J.), entered July 31, 2018, which denied defendants' motion for summary judgment dismissing the complaint, unanimously reversed, on the law, and the motion granted, without costs. The Clerk is directed to enter judgment accordingly.

Defendants established as a matter of law that plaintiff was not the procuring cause of the sale of unit 615. Accordingly, plaintiff is not entitled to a commission (Republic Realty Servs., Inc. v Kuafu Props. LLC, 167 AD3d 436, 437 [1st Dept 2018]). Concur—Friedman, J.P., Richter, Kahn, Singh, JJ.