10/22/2003 N.Y.L.J. 17, (col. 1)
New York Law Journal Volume 230
ALM Properties, Inc. All rights reserved
Wednesday, October 22, 2003
JONATHAN W. BURKE REALTY CO. V. ALLIANCE 77 LLC SUPREME COURT IA PART 36
BROKER DENIED SUMMARY RECOVERY OF COMMISSION FOR TENANT CLAIMED BARRED BY ZONING REGULATIONS
PLAINTIFF REAL estate broker sought summary recovery of a commission for finding a tenant, a tanning salon, for defendant’s commercial premises. The landlord alleged that plaintiff misrepresented that zoning regulations barred the tenant’s operation of a tanning salon or performing construction work necessary for its operation. The court denied summary judgment. Noting that the parties failed to provide it with a copy of the lease or with the relevant zoning provisions, it ruled that it was unable to determine what lease terms were agreed upon as well as which zoning or building restrictions applied. Noting that plaintiff acted as defendant landlord’s agent, the court also ruled that a fact issue existed as to whether the landlord justifiably relied on plaintiff’s representations and whether plaintiff was guilty of any misrepresentation that induced the landlord to enter into the lease, solely for plaintiff’s own interests and against its own interests.
10/22/2003 NYLJ 17, (col. 1) END OF DOCUMENT