III v. Denise Balisciano et al. (2013)

MEMORANDUM OF DECISION

The plaintiff commenced this action against defendants Denise Balisciano and John Cannon in eleven counts alleging various claims arising out of a contractual relationship.   The complaint alleges plaintiff was employed from July 2009 until February 2010 by defendant Balisciano as a salesperson in a real estate business operated by her.   Plaintiff alleges that on or about June 30, 2009 that he was to be compensated at the rate of one-half of the commissions received by Balisciano which plaintiff showed or assisted in the role of commercial property to an ultimate purchaser of said property.   Plaintiff alleges he was involved in the listing of property located at 365 Orchard Street, New Haven, Connecticut which sold on February 26, 2010, and Balisciano received a commission of $27,500.00.   The plaintiff claims he is entitled to one-half of that sum in the amount of $13,750.00.   Plaintiff also claims attorney fees and other damages as a result of the actions of the defendants.

Defendants in response to the complaint have filed special defenses and a counterclaim alleging plaintiff is not entitled to the sum claimed by the plaintiff.

This court concludes that after a review of the pleadings, as well as the evidence presented, and the arguments of both counsel the issues are for a breach of contract claim for a commission against defendant Denise Balisciano as alleged in the First Count of the Revised Complaint.   The additional claims in the remaining ten counts have not been proven.

This court also concludes the three Special Defenses as well as the counterclaim of the defendant have also not been proven.

The evidence has also failed to establish the defendant John Cannon was an owner or principal in the Balisciano Hallmark Properties.   He is not found to be liable as claimed by the plaintiff.

The evidence has established the plaintiff had been employed by the H. Pierce Real Estate agency with experience with transactions related to commercial properties.   In June 2009 plaintiff was advised by John Cannon that he could apply for employment with the defendant Denise Balisciano Hallmark Properties.   Plaintiff then arranged to meet with her regarding an arrangement for his employment.   The plaintiff after the meeting had his license as a real estate broker transferred from H. Pierce to the defendant's agency from August 5, 2009 to approximately February 2010.   The end of June 2009 prior to the license transfer plaintiff testified he discussed with Balisciano at Amarante's Restaurant, while plaintiff's wife was present, the understanding regarding his right to a portion of commissions relating to sales of commercial properties.   The disputed issues in this case related to the understanding of the parties regarding plaintiff's compensation.   Plaintiff contends he was to get half of the commissions received by the defendant agency on commercial sales listed by the defendant agency after his employment commenced.   Plaintiff testified he was not to receive a salary but while he was affiliated with defendant from July 28, 2009 he worked from his house and was then to be compensated by 50% of the listed commercial sales commissions.

After the above alleged meeting plaintiff commenced his relationship with the defendant agency on July 28, 2009.   The plaintiff was asked by the defendant to meet with Sterling Bagley the owner of property located at 365 Orchard Street to be listed for sale with the defendant agency.   The listing agreement listed this defendant Denise Balisciano as the broker appointed for the sale with a price of 1.4 million effective August 1, 2009.   After that date plaintiff testified he met with the prospective buyer and showed the property, and plaintiff was then involved in the legal transfer of the property to the buyer.

Defendant Denise Balisciano testified the agreement she had with the plaintiff was for 10% of the commission of the agency for the work he performed.   She testified the agreement for 50% of the total commission only applied if he acquired the listing of any property for defendant, and on this property she was the person who obtained the listing, and plaintiff only carried out her instructions for the sales.   Defendant contends plaintiff was told he would only get 10% of the $27,500.00 commission if he showed the property and was involved in the finalizing of the process.   That sum would represent $2,750.00.

Exhibit 6 the exclusive right to sell this property involved and signed by the owner Sterling Bagley, and defendant Denise Balisciano Hallmark Properties states it was effective August 1, 2009.   Exhibit 2 also states it was listed by the defendant Denise Balisciano for multiple listings from days before plaintiff commenced employment on August 5, 2009 when his license permitted plaintiff to work for the defendant.

The evidence does not prove that plaintiff was entitled to a 50% share of the commission.   The defendant is found to be the party who acquired the listing of the property.   Plaintiff is however entitled to be compensated for the time he devoted to consummate the sale under the directions of the defendant.

Judgment is therefore entered for the plaintiff for $2,750.00.

Howard F. Zoarski

Judge Trial Referee

Zoarski, Howard F., J.T.R.