Lee Odell Real Estate, Inc. v. North Moore Street Developers, LLC

Appellate Division of the Supreme Court of New York

Lee Odell Real Estate, Inc. v. North Moore Street Developers, LLC

13 A.D.3d 94, 786 N.Y.S.2d 162, 2004 N.Y. App. Div. LEXIS 14800

CourtAppellate Division of the Supreme Court of the State of New York

DecidedDecember 7, 2004

StatusPublished

This text of 13 A.D.3d 94 (Lee Odell Real Estate, Inc. v. North Moore Street Developers, LLC) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Lee Odell Real Estate, Inc. v. North Moore Street Developers, LLC, 13 A.D.3d 94, 786 N.Y.S.2d 162, 2004 N.Y. App. Div. LEXIS 14800 (N.Y. Ct. App. 2004).

Pincite

Opinion

Judgment, Supreme Court, New York County (Richard B. Lowe, III, J.), entered May 7, 2004, in this action for indemnification of a broker’s fee, awarding plaintiff damages against defendant North Moore Street Developers in the principal sum of $670,966.64, and bringing up for review an order, same court and Justice, entered May 6, 2004, which, insofar as challenged, granted plaintiff’s motion for summary judgment on its first cause of action and denied North Moore Street Developers’ cross motion for summary judgment dismissing the complaint, unanimously reversed, on the law, without costs, the judgment vacated, and both the motion and the cross motion on the underlying order denied.

The indemnity provision is ambiguous as to whether it covers the brokerage commission. Indeed, nowhere is such coverage expressly indicated. Furthermore, a review of the parties’ conduct surrounding the agreement is not dispositive as to their intentions. Contrary to plaintiffs contention, the consent agreement, which was signed on the same day the parties executed the operating agreement, begs the question as to what obligations or agreements were in furtherance of North Moore Street [95]*95Developers’ acquisition of the subject property. Concur— Nardelli, J.P., Mazzarelli, Andrias, Friedman and Gonzalez, JJ.

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Judgment, Supreme Court, New York County (Richard B. Lowe, III, J.), entered May 7, 2004, in this action for indemnification of a broker’s fee, awarding plaintiff damages against defendant North Moore Street Developers in the principal sum of $670,966.64, and bringing up for review an order, same court and Justice, entered May 6, 2004, which, insofar as challenged, granted plaintiff’s motion for summary judgment on its first cause of action and denied North Moore Street Developers’ cross motion for summary judgment dismissing the complaint, unanimously reversed, on the law, without costs, the judgment vacated, and both the motion and the cross motion on the underlying order denied.

The indemnity provision is ambiguous as to whether it covers the brokerage commission. Indeed, nowhere is such coverage expressly indicated. Furthermore, a review of the parties’ conduct surrounding the agreement is not dispositive as to their intentions. Contrary to plaintiffs contention, the consent agreement, which was signed on the same day the parties executed the operating agreement, begs the question as to what obligations or agreements were in furtherance of North Moore Street [95]*95Developers’ acquisition of the subject property. Concur— Nardelli, J.P., Mazzarelli, Andrias, Friedman and Gonzalez, JJ.

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Bluebook (online)

13 A.D.3d 94, 786 N.Y.S.2d 162, 2004 N.Y. App. Div. LEXIS 14800, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lee-odell-real-estate-inc-v-north-moore-street-developers-llc-nyappdiv-2004.