Good Life Realty, Inc. v. Massey Knakal Realty of Manhattan, LLC

In Good Life Realty, Inc. v. Massey Knakal Realty of Manhattan, LLC, 93 AD3d 490 (1st Dept 2012), the court granted defendant's summary judgment motion and denied the plaintiff brokerage's cross-motion for summary judgment, holding that plaintiff was not the procuring cause of the sale of the cooperative unit where, while the plaintiff's principal made the buyer aware of that the unit was for sale, he did not introduce the buyer to the seller, did not show the unit to the buyer, did not negotiate the sale price, did not himself personally see the unit, and did not have any contact with the seller (93 AD3d at 491). In addition, plaintiff admitted that neither he nor Klaynberg, the unlicensed third party who allegedly performed brokerage services for the plaintiff, had entered into a co-brokerage agreement with the defendant. Finally, plaintiff was barred by Real Property Law 442-d from collecting any commission based upon the services of Klaynberg, who was not a duly licensed real estate broker or salesperson (id.).