Opinion
November 18, 1999
Order, Supreme Court, New York County (Herman Cahn, J.), entered January 13, 1999, which, to the extent appealed from, denied plaintiff's motion for summary judgment and, upon a search of the record, granted defendants summary judgment severing and dismissing the complaint, unanimously affirmed, without costs.
Clarence S. Barasch for Plaintiff-Appellant.
Diane Ciccone for Defendants-Respondents.
SULLIVAN, J.P., NARDELLI, MAZZARELLI, LERNER, BUCKLEY, JJ.
Plaintiff movant failed to establish an agreement between itself and defendants entitling it to a commission in connection with the sale of the property in question (see, Lane-The Real Estate Dept. Store v. Lawlet Corp., 28 N.Y.2d 36, 44). Indeed, the evidence adduced on the motion established, to the contrary, that there was no meeting of the minds as to the terms and conditions upon which the property was to be sold. Accordingly, since CPLR 3212(b) permits the court to search the record on a motion for summary judgment and grant summary judgment where appropriate (Amore Partners, Inc. v. Mephisto, Inc., 222 A.D.2d 473; McDougal v. Apple Bank for Sav., 200 A.D.2d 418; GHR Energy Corp. v. Stinnes Interoil, Inc., 165 A.D.2d 707), the award of summary judgment to defendants was proper.
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.