Opinion
No. 570759/12.
2012-11-14
Joshua VITOW, Plaintiff–Appellant, v. Kourtoum NACRO, Defendant–Respondent.
Plaintiff appeals from a judgment of the Civil Court of the City of New York, New York County (Margaret A. Chan, J.), entered February 1, 2012, after inquest, in favor of defendant dismissing the complaint.
Present: LOWE, III, P.J., SCHOENFELD, TORRES, JJ.
PER CURIAM.
Judgment (Margaret A. Chan, J.), entered February 1, 2012, affirmed, with $25 costs.
The proof offered by plaintiff at inquest failed to establish his threshold entitlement to a brokerage commission from defendant, the lessor of an apartment. Rather, the unambiguous terms of the governing brokerage agreement expressly provided that commissions were to be payable solely to the nonparty broker, for whom plaintiff acted as “agent.” Plaintiff's claim for compensation, therefore, does not lie against defendant ( see Valdina v. Martin, 47 AD3d 1159 [2008];RSWP Realty. LLC v. Agusta, 42 AD3d 490 [2007];Geoffrey S. Matherson & Assoc. v. Calderone, 190 Misc.2d 775 [2001] ).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.