TANGER v. 114 EAST 32ND REALTY CORPORATION (2009)

Supreme Court, Appellate Division, First Department, New York.

Steven B. TANGER, Plaintiff-Appellant, v. 114 EAST 32ND REALTY CORPORATION, et al., Defendants-Respondents.

Decided: February 17, 2009

FRIEDMAN, J.P., GONZALEZ, BUCKLEY, RENWICK, JJ.

The Brown Law Group, P.C., New York (Rodney A. Brown of counsel), for appellant. Flemming Zulack Williamson Zauderer LLP, New York (Mark C. Zauderer of counsel), for respondents.

Order, Supreme Court, New York County (Charles E. Ramos, J.), entered June 13, 2008, which granted defendants' motion to dismiss the complaint, unanimously affirmed, with costs.

The market study agreement clearly and unambiguously provided that plaintiff was to be paid for the services he had rendered thereunder if certain monetary thresholds were met upon the sale or refinancing of the subject property (see Greenfield v. Philles Records, 98 N.Y.2d 562, 569-570, 750 N.Y.S.2d 565, 780 N.E.2d 166 [2002]; Slamow v. Del Col, 79 N.Y.2d 1016, 584 N.Y.S.2d 424, 594 N.E.2d 918 [1992] ). It further provided clearly and unambiguously that the agreement terminated upon the sale or refinancing of the property. Since the property was refinanced in 1986, plaintiff's time to commence this breach of contract action expired in 1992 (see CPLR 213[2] ).

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