Cutler v Cafaro

Cutler v Cafaro 2019 NY Slip Op 05013 Decided on June 20, 2019 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 June 20, 2019
Friedman, J.P., Richter, Kahn, Singh, JJ.
9686 650586/17

[*1]Joanna Cutler, Plaintiff-Respondent,

v

Renee Cafaro, et al., Defendants-Appellants.

Kaplan Rice LLP, New York (Daniel D. Edelman of counsel), for appellants.

Order, Supreme Court, New York County (Melissa Crane, J.), entered July 31, 2018, which denied defendants' motion for summary judgment dismissing the complaint, unanimously reversed, on the law, and the motion granted, without costs. The Clerk is directed to enter judgment accordingly.

Defendants established as a matter of law that plaintiff was not the procuring cause of the sale of unit 615. Accordingly, plaintiff is not entitled to a commission (Republic Realty Republic Realty Servs., Inc. v Kuafu Props. LLC, 167 AD3d 436, 437 [1st Dept 2018]).

THIS CONSTITUTES THE DECISION AND ORDER

OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: JUNE 20, 2019

CLERK