185 Misc. 807 | N.Y. Sup. Ct. | 1945
The complaint here challenged as insufficient essentially alleges that plaintiff brokers were expressly employed by defendant to procure for it, as tenant, a certain lease on certain premises, plaintiffs to be compensated- by commissions to be paid by the lessor. Defendant eventually refused to enter into the lease as finally negotiated and is here sued for the commissions plaintiffs would have earned from the lessor.
I hold that the complaint states a cause of action. A definite contract between the parties is alleged, for breach of which plaintiffs are entitled to naturally consequent damages, if such breach be established (Grossman v. Herman, 266 N. Y. 249; Pease & Elliman, Inc., v. Gladwin Realty Co., Inc., 216 App. Div. 421). A different case would be here if the broker had been expressly employed only by the owner and sought to hold the prospective lessee or vendee by an alleged implied contract arising from acceptance of the transaction offered by the broker
The motion is denied with leave to answer within twenty days after service of a copy of the order herein with notice of entry.
