PBS Realty Advisors, LLC v Jones Lang LaSalle Ams. Inc.

PBS Realty Advisors, LLC v Jones Lang LaSalle Ams. Inc. 2012 NY Slip Op 07567 Decided on November 13, 2012 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on November 13, 2012
Gonzalez, P.J., Saxe, Catterson, Acosta, Gische, JJ.
8479 100533/09

[*1]PBS Realty Advisors, LLC, etc., Plaintiff-Appellant,

v

Jones Lang LaSalle Americas Inc., et al., Defendants-Respondents.




Law Office of Lionel A. Barasch, New York (Lionel A. Barasch
of counsel), for appellant.
Schwartz, Lichtenberg LLP, New York (Barry E. Lichtenberg of
counsel), for respondents.

Order, Supreme Court, New York County (Debra A. James, J.), entered May 18, 2011, which denied plaintiff's motion for summary judgment on its causes of action for recovery of a broker's fee and unjust enrichment and granted defendants' cross motion for summary judgment dismissing the complaint, unanimously affirmed, with costs.

The motion court correctly determined that plaintiff could not recover a real estate broker's commission, since it had no contract of employment, express or implied, with defendants (see Greene v Hellman, 51 NY2d 197, 206 [1980]). Although the parties negotiated a sublease of the subject premises for plaintiff's client, as well as a separate commission agreement between plaintiff and defendants, those agreements were never executed. In any event, plaintiff was not the "procuring cause" of the landlord's recapture of the premises or the ensuing lease of the premises between the landlord and a third party (see Helmsley-Spear, Inc. v 150 Broadway N.Y. Assoc., 251 AD2d 185 [1st Dept 1998]). The court also properly found that plaintiff was not entitled to unjust enrichment as a remedy for its failed negotiations (see Chatterjee Fund Mgt. v Dimensional Media
Assoc., 260 AD2d 159 [1st Dept 1999]).

THIS CONSTITUTES THE DECISION AND ORDER
OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: NOVEMBER 13, 2012

CLERK