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Manhattan Apts., Inc. v. Matera

Appellate Term of the Supreme Court of New York, First Department
Dec 15, 2005
2005 N.Y. Slip Op. 52054 (N.Y. App. Term 2005)

Opinion

570274/05.

Decided December 15, 2005.

Defendant appeals from a judgment of the Small Claims Part of the Civil Court, New York County (Cynthia S. Kern, J.), entered on or about December 23, 2003 after trial, in favor of plaintiff and awarding it damages in the principal sum of $1,350.

Judgment (Cynthia S. Kern, J.), entered on or about December 23, 2003, affirmed, without costs.

PRESENT: Suarez, P.J., Davis, Schoenfeld, JJ.


The plaintiff-broker's responsibility was fully performed upon defendant's signing of the lease agreement, at which point the earned commission became irrevocable ( Kaplon-Belo Assoc. v. Farrelly, 221 AD2d 321). The fact that the landlord ultimately agreed to relieve defendant of his leasehold obligations due to noise concerns had no bearing on plaintiff's entitlement to recover the agreed upon brokerage fee. Notwithstanding defendant's testimony that he had told the broker he was looking for a "quiet" apartment, the scant record before us contains no indication that the parties' agreement incorporated any such condition ( cf. Srour v. Dwelling Quest Corp., ___ NY3d ___, 2005 NY Slip Op 08852). The award in plaintiff's favor achieved "substantial justice" consistent with substantive law principles ( see CCA 1804, 1807).

This constitutes the decision and order of the Court.


Summaries of

Manhattan Apts., Inc. v. Matera

Appellate Term of the Supreme Court of New York, First Department
Dec 15, 2005
2005 N.Y. Slip Op. 52054 (N.Y. App. Term 2005)
Case details for

Manhattan Apts., Inc. v. Matera

Case Details

Full title:MANHATTAN APARTMENTS, INC., Plaintiff-Respondent, v. MATTHEW S. MATERA…

Court:Appellate Term of the Supreme Court of New York, First Department

Date published: Dec 15, 2005

Citations

2005 N.Y. Slip Op. 52054 (N.Y. App. Term 2005)
809 N.Y.S.2d 482