COLLIERS INTERNATIONAL LLC v. CITY HALL COMMONS LLC (2026)

Judgment, Supreme Court, New York County (Debra A. James, J.), entered January 31, 2025, awarding plaintiff Colliers International N.Y. LLC a money judgment of $307,326.18, and bringing up for review an order, same court and Justice, entered on or about September 10, 2024, which denied defendant's motion to dismiss the complaint under CPLR 3211 and granted plaintiff's cross-motion for summary judgment upon the conversion of the dismissal motion under CPLR 3211(c), unanimously affirmed, without costs.

Supreme Court properly granted summary judgment to plaintiff broker on its claim to collect its commission from defendant property owner/landlord. Where an agreement between a landlord and nonparty tenant states that the plaintiff is the exclusive broker for the transaction and that the defendant will pay its commission, that “clear representation ․ supported by additional documentary evidence, entitle[s][the] plaintiff to its commission as a matter of law” (Newmark & Co. Real Estate Inc. v 2615 E. 17 St. Realty LLC, 80 AD3d 476, 477 [1st Dept 2011]). Here, the September 2019 lease renewal agreement between defendant landlord and nonparty tenant states that plaintiff is the exclusive broker and that defendant will pay the broker fees relating to the transaction. Defendant's contention that there was no binding agreement or privity between itself and plaintiff is expressly contradicted by this renewal agreement (see Helmsley–Spear, Inc. v. New York Blood Ctr., Inc., 257 A.D.2d 64, 68 [1st Dept 1999]). Plaintiff also submitted emails with defendant's representative showing plaintiff's involvement in the lease negotiations (see id.; see also Lee & Assoc. NYC LLC v 1998 Alexander Karten Annuity Trust, 117 AD3d 514, 515 [1st Dept 2014]). Under these circumstances, the court properly rejected defendant's contention that its refusal to execute a subsequent brokerage agreement after the renewal agreement was signed negated its express agreement to pay the commission (see Newmark & Co. Real Estate Inc., 80 AD3d at 477).

We have considered defendant's remaining arguments and find them unavailing.