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Harvard Associates, Ltd. v. Hayt

Appellate Division of the Supreme Court of New York, Second Department
Apr 14, 1997
238 A.D.2d 378 (N.Y. App. Div. 1997)

Opinion

April 14, 1997


In an action, inter alia, to recover damages for breach of contract, the defendant Hayt, Hayt Landau appeals from so much of a judgment of the Supreme Court, Nassau County (DeMaro, J.), entered February 29, 1996, as, upon an order of the same court dated October 12, 1995, which, inter alia, denied that branch of its cross motion which was for summary judgment dismissing the first cause of action in the complaint, severed and continued the first cause of action.

Ordered that the judgment is affirmed insofar as appealed from, with costs.

The Supreme Court properly denied summary judgment as to the first cause of action. The record demonstrates the existence of a factual issue as to whether or not the respondent, a real estate brokerage, actually earned a commission as the procuring cause of the appellant's renegotiated lease ( see generally, Greene v Hellman, 51 N.Y.2d 197, 206; cf., Hampton Realty v. Conklin, 220 A.D.2d 385; see also, Rotuba Extruders v. Ceppos, 46 N.Y.2d 223; Sillman v. Twentieth Century-Fox Film Corp., 3 N.Y.2d 395). However, we disagree with so much of the determination of the Supreme Court as found the "protect and preserve" provision in the brokerage agreement between the respondent and the appellant to be ambiguous. That provision clearly obligates the appellant to protect and preserve the respondent's right to recover any earned commission from the owner. Bracken, J.P., Pizzuto, Florio and McGinity, JJ., concur.


Summaries of

Harvard Associates, Ltd. v. Hayt

Appellate Division of the Supreme Court of New York, Second Department
Apr 14, 1997
238 A.D.2d 378 (N.Y. App. Div. 1997)
Case details for

Harvard Associates, Ltd. v. Hayt

Case Details

Full title:HARVARD ASSOCIATES, LTD., Respondent, v. HAYT, HAYT LANDAU, Appellant, et…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Apr 14, 1997

Citations

238 A.D.2d 378 (N.Y. App. Div. 1997)
657 N.Y.S.2d 330