A real estate brokerage can proceed with a lawsuit seeking a commission from a couple who backed out of buying an apartment through the firm, then bought another apartment in the same building 18 months later, a unanimous state appeals panel has ruled.
Appellate Division, First Department Justice Rolando Acosta (See Profile) wrote the opinion in SPRE Realty v. Dienst, 651671/13, handed down Tuesday. Acosta noted that the First Department had been inconsistent about the standard for when brokers earn a commission. The opinion adopted the standard that there must be a “direct and proximate link” between the broker and the eventual deal.
