Jagarnauth v. Massey Knakal Realty Servs., Inc

In Jagarnauth v. Massey Knakal Realty Servs., Inc., 104 AD3d 564 (1st Dept 2013), on cross-summary judgment motions involving two brokers in a co-brokerage agreement, the plaintiff broker assisted in the negotiation of the first contract of sale executed in October 2003 but which was properly cancelled in May 2004 (104 AD3d at 564-565). While the original prospective buyer and the seller executed a contract more than two years later, after the co-brokerage agreement had expired, plaintiff's own testimony supported the conclusion that he had no communication with the buyer about the property from the first prospective sale period in 2004 until after the closing of the second sales contract and did not discuss the transaction with the buyer, seller or other broker from 2004 until after the sale of the property in 2007 (104 AD3d at 565).