Opinion
2001-02538
Argued March 26, 2002.
May 13, 2002.
In an action to recover a commission pursuant to a real estate brokerage agreement, the plaintiff appeals, as limited by its brief, from so much of an order of the Supreme Court, Kings County (Clemente, J.), dated January 22, 2001, as granted that branch of the defendants' motion which was for summary judgment dismissing the complaint and denied that branch of its motion which was for summary judgment on the complaint.
Cobb Cobb, Tuxedo, N.Y. (John W. Cobb of counsel), for appellant.
Romeo Baratta, Brooklyn, N.Y. (Anthony Baratta of counsel), for respondents.
Before: DAVID S. RITTER, J.P., SANDRA J. FEUERSTEIN, DANIEL F. LUCIANO, THOMAS A. ADAMS, JJ.
ORDERED that the order is affirmed insofar as appealed from, with costs.
The brokerage agreement at issue provides, in pertinent part, that "[T]he * * * owner hereby agrees to pay you or the participating selling Realtor a commission of 7 % of the sale price in the event that the property or any portion thereof is sold or exchanged by you, by me, or by any other person or broker during the term of this contract or to anyone with whom you or a participating Realtor have had negotiations during the term of this contract." It is undisputed that the subject property was not sold or exchanged during the term of the contract, or sold or exchanged thereafter to anyone with whom the defendant owners or a participating realtor had negotiations during the term of the contract. Therefore, no commission is due to the plaintiff broker under the agreement (see Graff v. Billet, 101 A.D.2d 355, affd 64 N.Y.2d 899; Casella v. Moczulski, 280 A.D.2d 508; Cimarron Realty 100 v. Horner, 114 A.D.2d 924).
RITTER, J.P., FEUERSTEIN, LUCIANO and ADAMS, JJ., concur.