Scoca v Kosmacheva

[*1] Scoca v Kosmacheva 2023 NY Slip Op 51314(U) Decided on November 16, 2023 Justice Court Of The Village Of Tuckahoe, Westchester County Fuller, Jr., J. Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on November 16, 2023
Justice Court of the Village of Tuckahoe, Westchester County

Philly Scoca, Plaintiff,

against

Svetlana Kosmacheva, Defendant.



Docket No. 23090001

David Otis Fuller Jr., J.

Uniform Justice Court Act § 1804 sets forth the procedure to be followed when conducting a Small Claims trial. The Court is required "to do substantial justice between the parties according to the rules of substantive law ." After hearing all the testimony and evidence presented herein, the Court makes the following findings of fact and determinations of law:

The plaintiff, a licensed real estate broker, is claiming a half commission of $837.50 for finding a rental apartment in Tuckahoe for the defendant. The landlord has paid the listing broker the other half commission. The plaintiff testified that, although there was no written agreement for a commission, she told the defendant that the defendant would have to pay a half commission to her and showed her a written statement containing the amount of the check payable to the broker by the defendant. (Plaintiff's Exhibit 1).

The defendant testified that she did not remember whether she was shown the statement. She testified, though, that the broker showed her the apartment and that she rented it. The court finds that there was an oral agreement for the broker to show the apartment to the defendant, that the broker showed the apartment to the defendant, that the broker told the defendant the amount of her commission and that the defendant rented the apartment. The only question is whether the agreement had to be in writing. Section 5-701(10) of the General Obligations Law provides that an agreement with a licensed real estate broker for a commission for negotiating the leasing of an interest in real estate, is not required to be in writing.

Accordingly, the defendant must pay the plaintiff the half commission of $837.50

Judgement for the plaintiff. It is so ordered.

Signed this 16th day of November, 2023 at Tuckahoe, New York.

ENTER,
David Otis Fuller, Jr.
Village Justice