Opinion
2015-03-10
MIRON PROPERTIES, LLC, Plaintiff–Appellant, v. Bruno W. EBERLI, et al., Defendants–Respondents.
Leon I. Behar, P.C., New York (Leon I. Behar of counsel), for appellant. Kucker & Bruh, LLP, New York (Nativ Winiarsky of counsel), for respondents.
Leon I. Behar, P.C., New York (Leon I. Behar of counsel), for appellant. Kucker & Bruh, LLP, New York (Nativ Winiarsky of counsel), for respondents.
Order, Supreme Court, New York County (Melvin L. Schweitzer, J.), entered on or about September 5, 2013, which denied plaintiff's motion for summary judgment, and granted defendants' cross motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.
Defendants demonstrated that plaintiff was not entitled to a brokerage commission with respect to defendant limited liability company's purchase of a condominium unit. The brokerage agreement did not clearly provide plaintiff with the exclusive right to deal on defendant Eberli's behalf ( see Morpheus Capital Advisors LLC v. UBS AG, 23 N.Y.3d 528, 535, 992 N.Y.S.2d 178, 15 N.E.3d 1187 [2014] ), and plaintiff did virtually nothing to procure the transaction or even to bring the property to the purchaser's attention ( see Greene v. Hellman, 51 N.Y.2d 197, 205–206, 433 N.Y.S.2d 75, 412 N.E.2d 1301 [1980] ). The motion court correctly dismissed the other causes of action as duplicative of the deficient breach of contract cause of action.
We have considered plaintiff's remaining contentions and find them unavailing. FRIEDMAN, J.P., SWEENY, ACOSTA, DeGRASSE, GISCHE, JJ., concur.