Opinion
6306 Index 654393/12
04-19-2018
COLDWELL BANKER COMMERCIAL HUNTER REALTY, Plaintiff–Respondent, v. RAINBOW HOLDING COMPANY, LLC, Defendant–Appellant, Edward Penson, Defendant.
Law Office of Allison M. Furman, P.C., New York (Allison M. Furman of counsel), for appellant. Ingram Yuzek Gainen Carroll & Bertolotti, LLP, New York (Nancy E. Ahern of counsel), for respondent.
Law Office of Allison M. Furman, P.C., New York (Allison M. Furman of counsel), for appellant.
Ingram Yuzek Gainen Carroll & Bertolotti, LLP, New York (Nancy E. Ahern of counsel), for respondent.
Friedman, J.P., Richter, Andrias, Kapnick, Webber, JJ.
Order, Supreme Court, New York County (Arlene P. Bluth, J.), entered May 20, 2016, which denied defendant Rainbow Holding Company, LLC's motion for summary judgment dismissing the complaint, unanimously affirmed, with costs.
Defendant's motion was properly denied in this action where plaintiff asserts that it is entitled to a commission after presenting ready, willing, and able buyers to defendant for the sale of its property. The parties assert sharply conflicting accounts of the events leading up to the sale of the property; hence defendant failed to establish entitlement to judgment as a matter of law. The issues of fact involve resolution of credibility issues that cannot be resolved through summary disposition (see Sosa v. 46th St. Dev. LLC, 101 A.D.3d 490, 493, 955 N.Y.S.2d 589 [1st Dept. 2012] ).