Colliers Intl. NY LLC v City Hall Commons LLC

Holding The Appellate Division affirmed summary judgment for the broker, holding that a lease renewal agreement between the landlord and tenant that explicitly named the broker as exclusive and obligated the landlord to pay fees created a binding obligation to pay the commission. The court rejected the landlord’s argument that the lack of a separate brokerage agreement negated this express obligation.

The court’s words

clear representation . . . supported by additional documentary evidence, entitle[s] [the] plaintiff to its commission as a matter of law

2026 NY Slip Op 06195, at the official text

Defendant's contention that there was no binding agreement or privity between itself and plaintiff is expressly contradicted by this renewal agreement

2026 NY Slip Op 06195, at the official text

the court properly rejected defendant's contention that its refusal to execute a subsequent brokerage agreement after the renewal agreement was signed negated its express agreement to pay the commission

2026 NY Slip Op 06195, at the official text