Manning v. Briar Hall N

In Manning v. Briar Hall N., 151 AD2d 650 (2d Dept 1989), the court found that the plaintiff failed to show that it was the procuring cause of the sale of the property where her only effort with respect to the purchaser was merely a telephone call alerting him regarding the availability of the property. Plaintiff did not show the purchaser the property, tell him the price of the property, introduce the purchaser to the seller, do any negotiating on the purchaser's behalf, and refused the seller's specific request to inform the purchaser of a substantial reduction in the price of the property (id). It was only through the efforts of a different broker who contacted the purchaser several months later that the purchaser became interested in the property and ultimately purchased it after two months of negotiations (id.). Finally, the court rejected plaintiff's claim that it did not need to be the procuring cause of the sale because there was an brokerage agreement between the defendant seller and plaintiff (id.).