Opinion
7549 7550 Index 655743/16
11-08-2018
The LANSCO CORPORATION, et al., Plaintiffs–Defendants–Respondents, v. AB MARBEC REALTY CORP., Defendant–Appellant.
Law Offices of Jacob S. Feinzeig, Brooklyn (Jacob S. Feinzeig of counsel), for appellant. Law Offices of Lionel A. Barasch, New York (Lionel A. Barasch of counsel), for respondents.
Law Offices of Jacob S. Feinzeig, Brooklyn (Jacob S. Feinzeig of counsel), for appellant.
Law Offices of Lionel A. Barasch, New York (Lionel A. Barasch of counsel), for respondents.
Richter, J.P., Kahn, Oing, Moulton, JJ.
Judgment, Supreme Court, New York County (Arthur F. Engoron, J.), entered February 21, 2018, awarding plaintiffs a sum of money, unanimously affirmed, without costs. Appeal from order, same court and Justice, entered February 15, 2018, which, inter alia, granted plaintiffs' motion for summary judgment on their claims and dismissed the counterclaims, unanimously dismissed, without costs, as subsumed in the appeal from the judgment.
The only signatories to the brokerage agreement were defendant owner and plaintiff real estate brokers. The tenant did not sign the agreement. Even if, pursuant to the agreement, plaintiffs owed fiduciary duties to defendant (see Sonnenschein v. Douglas Elliman–Gibbons & Ives, 96 N.Y.2d 369, 374, 729 N.Y.S.2d 62, 753 N.E.2d 857 [2001] ), in the absence of an agreement with defendant to the contrary, plaintiffs owed it no duty to refrain from showing the tenant other properties ( Douglas Elliman LLC v. Tretter, 84 A.D.3d 446, 449, 922 N.Y.S.2d 74 [1st Dept. 2011], affd 20 N.Y.3d 875, 955 N.Y.S.2d 851, 979 N.E.2d 1178 [2012] ).