CITY CONNECTION REALTY v. ZIVKOVICH (2020)

Supreme Court, Appellate Term, New York,

CITY CONNECTION REALTY, Plaintiff-Respondent, v. Mira ZIVKOVICH, Defendant-Appellant.

570738 /19

Decided: February 21, 2020

PRESENT: Shulman, P.J., Cooper, Edmead JJ.

Judgment (Sabrina B. Kraus, J.), entered on or about June 20, 2019, affirmed, without costs.

The award to plaintiff of a real estate brokerage commission achieved “substantial justice” between the parties according to the rules and principles of substantive law (CCA 1807; see Williams v. Roper, 269 AD2d 125 [2000], lv dismissed 95 NY2d 898 [2000]). The evidence showed that defendant, the owner of an investment property, contractually agreed to allow plaintiff-broker to offer the property, an apartment, for rent at $4,300 per month, and to pay plaintiff a 15% commission “of the first year's aggregate rent” paid by a tenant. The evidence credited by the court also showed that plaintiff produced a tenant ready, willing and able to rent the apartment on the specified terms.

Per Curiam.

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