Commission Disputes – Pospis Law, PLLC

July 13, 2018 by mjpospis

Commission Claim Dismissed; Statute of Frauds Applied

In Leist v. JMC Pharmacy Inc., 2018 NY Slip Op 04974 (App. Div. 1st Dept. July 5, 2018), the court unanimously affirmed the dismissal of plaintiff’s claim for breach of contract. From the decision/order: There is no written contract, and the documents submitted by plaintiffs in an effort to show a purported meeting of the minds…

No Brokerage Commission Due Where Plaintiff Did Nothing to Procure Sale

In Miron Properties, LLC v. Eberli (App. Div. March 10, 2015), a breach of contract/brokerage commission case, the Appellate Division, First Department affirmed summary judgment for defendant dismissing the complaint. In ruling for defendant, the court (tersely) stated: Defendants demonstrated that plaintiff was not entitled to a brokerage commission with respect to defendant limited liability…