Williams & Co. v. Collins Tuttle & Co

In Williams & Co. v. Collins Tuttle & Co., 6 AD2d 302 (1st Dept 1958), the rental agent for the owner's office building solicited real estate brokers generally for tenants. A real estate broker procured an advertising agency which wanted to rent an entire floor in the building. While the owner and rental agent found the prospective tenant acceptable at first, they subsequently falsely informed the broker that they would not rent to this prospective tenant as it was objected to by another advertising agency which was already a tenant in the building. The rental agent then arranged with a second broker to negotiate between the owner and the prospective tenant at a reduced commission, the lease was signed and the financial arrangements concluded. The first broker then sued the owner, the rental agent, the tenant, the second broker, in both their corporate and individual capacities for conspiring and acting in concert to deprive the plaintiff of its commission in its first cause of action. On appeal by the plaintiff, the appellate court reversed the Supreme Court, Special Term which had granted the defendants' motions to dismiss plaintiff's first cause of action. The appellate court held that plaintiff's allegations against all the corporate and individual defendants for conspiring and acting in concert to deprive the plaintiff of its commission was a valid cause of action. In addition, while the plaintiff would have to prove at trial or on a motion which presents the evidence that the alleged tortious conduct by the defendants caused his loss of commission, plaintiff did not need to plead in exact detail the circumstances which would prove its success on a motion to dismiss (id.).