Newmark & Co. Real Est. Inc. v. 2615 East 17 Street Realty LLC, 80 A.D.3d 476 (N.Y. App. Div. 2011). · Go Syfert
Newmark & Co. Real Est. Inc. v. 2615 East 17 Street Realty LLC, 80 A.D.3d 476 (N.Y. App. Div. 2011). Cases Citing This Book View Copy Cite
42 citation events (42 in the last 25 years) across 7 distinct courts.
Strongest positive: Cooper v. Arbor Realty Trust, Inc. (nyappdiv, 2025-06-26)
Treatment trajectory · 2011 → 2026 · click a year to view as-of
2011 2018 2026
Top citers, strongest first. 22 distinct citers. How cited ↗
discussed Cited as authority (rule) Cooper v. Arbor Realty Trust, Inc. (2×)
N.Y. App. Div. · 2025 · confidence medium
Realty LLC , 80 AD3d 476, 477 [1st Dept 2011]).
cited Cited as authority (rule) Lim v. Radish Media, Inc.
S.D.N.Y. · 2024 · confidence medium
Realty LLC, 914 N.Y.S.2d 162, 164 (App. Div. 2011).
cited Cited as authority (rule) John C. Tatum III v. Fairstead Affordable LLC
Del. Ch. · 2023 · confidence medium
Realty LLC, 914 N.Y.S.2d 162, 164 (2011).
cited Cited as authority (rule) Odonata Ltd. v. Baja 137 LLC
N.Y. App. Div. · 2022 · confidence medium
Realty LLC , 80 AD3d 476, 477 [1st Dept 2011] ["the record contain[ed] no evidence that defendant . . . rejected any of the provisions in the last version of the agreement"]).
cited Cited as authority (rule) Odonata Ltd. v. Baja 137 LLC
N.Y. App. Div. · 2022 · confidence medium
Realty LLC , 80 AD3d 476, 477 [1st Dept 2011] ["the record contain[ed] no evidence that defendant . . . rejected any of the provisions in the last version of the agreement"]).
discussed Cited as authority (rule) Holveck and Murphy v. Christiana Meadows Apartments
Del. Ct. Com. Pl. · 2022 · confidence medium
Apr. 11, 2016) (“there is no question that electronic communications can qualify as “writings”); Newmark & Co. Real Estate Inc. vy. 2615 East 17 Street Realty LLC, 80 A.D. 3d 476, 477 (N.Y. 1st Dept. 2011)(finding that an e-mail can constitute a writing for purposes of the statute of frauds); Caspi v. Microsoft Network, L.L.C., 323 N.J.
cited Cited as authority (rule) Alkholi v. Macklowe
S.D.N.Y. · 2020 · confidence medium
Realty LLC, 80 A.D.3d 476, 477 (1st Dep’t 2011)).
discussed Cited as authority (rule) Qiu v. Diamond, Jr. (2×)
S.D.N.Y. · 2020 · confidence medium
Realty LLC, 80 A.D.3d 476, 477 (N.Y.
cited Cited as authority (rule) Bistro Shop LLC v. N.Y. Park N. Salem, Inc.
N.Y. App. Div. · 2019 · confidence medium
Realty LLC , 80 AD3d 476, 477 [1st Dept 2011]; Williamson v Delsener , 59 AD3d 291, 291-292 [1st Dept 2009]).
discussed Cited as authority (rule) Solartech Renewables, LLC v. Vitti (2×)
N.Y. App. Div. · 2017 · confidence medium
Realty LLC, 80 AD3d 476, 477 [2011]; see Agosta v Fast Sys.
discussed Cited as authority (rule) Jimenez v. Yanne
N.Y. App. Div. · 2017 · confidence medium
Realty LLC, 80 AD3d 476, 477 [1st Dept 2011]; Stevens v Publicis S.A., 50 AD3d 253 , 255-256 [1st Dept 2008], lv dismissed 10 NY3d 930 [2008], citing Rosenfeld v Zerneck, 4 Misc 3d 193, 195 [Sup Ct, Kings County 2004]), thus creating a binding settlement agreement.
cited Cited as authority (rule) Agosta v. Fast Systems Corp.
N.Y. App. Div. · 2016 · confidence medium
Realty LLC, 80 AD3d 476, 477 [2011]; see General Obligations Law § 5-701 [b] [4]; Trueforge Global Mach.
cited Cited as authority (rule) Sholom & Zuckerbrot Realty, LLC v. Gallant
N.Y. App. Div. · 2015 · confidence medium
Realty LLC, 80 AD3d 476, 477 [2011]).
cited Cited as authority (rule) Sholom & Zuckerbrot Realty, LLC v. Gallant
N.Y. App. Div. · 2015 · confidence medium
Realty LLC, 80 AD3d 476, 477 [2011]).
discussed Cited as authority (rule) Eastern European Trading, Corp. v. Knaust
N.Y. App. Div. · 2015 · confidence medium
The above mentioned evidence also satisfies the Statute of Frauds (see General Obligations Law § 5-701 [b] [3] [d]; [4]; Crabtree v Elizabeth Arden Sales Corp., 305 NY 48, 54 [1953]; Newmark & Co. Real Estate Inc., 80 AD3d at 477), thus defeating the seventh affirmative defense.
discussed Cited as authority (rule) Forcelli v. Gelco Corp. (2×)
N.Y. App. Div. · 2013 · confidence medium
Realty LLC, 80 AD3d 476, 477-478 [2011] [“e-mail agreement set forth all relevant terms of the agreement . . . and thus, constituted a meeting of the minds”]).
discussed Cited as authority (rule) Forcelli v. Gelco Corp. (2×)
N.Y. App. Div. · 2013 · confidence medium
Realty LLC, 80 AD3d 476, 477-478 [2011] [“e-mail agreement set forth all relevant terms of the agreement . . . and thus, constituted a meeting of the minds”]).
cited Cited as authority (rule) Mills v. Chauvin
N.Y. App. Div. · 2013 · confidence medium
Realty LLC, 80 AD3d 476, 477-478 [2011]) that Chauvin would pay Mills one third of the contingency fee—independent of their resolution of the other matters.
cited Cited as authority (rule) Mills v. Chauvin
N.Y. App. Div. · 2013 · confidence medium
Realty LLC, 80 AD3d 476, 477-478 [2011]) that Chauvin would pay Mills one third of the contingency fee—independent of their resolution of the other matters.
cited Cited as authority (rule) Brighton Investment, Ltd. v. Har-Zvi
N.Y. App. Div. · 2011 · confidence medium
Realty LLC, 80 AD3d 476, 477-478 [2011]; see also Stevens v Publicis S.A., 50 AD3d 253, 255-256 [2008], lv dismissed 10 NY3d 930 [2008]).
discussed Cited as authority (rule) Trueforge Global Machinery Corp. v. Viraj Group
N.Y. App. Div. · 2011 · confidence medium
Realty LLC, 80 AD3d 476, 477 [2011]; see also Intercontinental Planning v Daystrom, Inc., 24 NY2d at 379 ; Aloisi v Coin Phones, 157 AD2d 688 [1990]) was sufficient to set forth an objective standard for determining the compensation to be paid to the plaintiff as a finder’s fee, since it was tied to an extrinsic event, i.e., it was expressed as a percentage of the price paid by the defendants for the located acquisition opportunity, thus rendering the terms definite and enforceable (see Tonkery v Martina, 78 NY2d 893 [1991]; Novello v 215 Rockaway, LLC, 70 AD3d 909 [2010]; Edge Mgt.
discussed Cited "see, e.g." Sleepyheadsyo, LLC v. Ilias Inc.
N.Y. Sup. Ct., Westchester Cty. · 2025 · signal: see also · confidence medium
Holdings, LLC v Pinkesz , 198 AD3d 693 , 697 (2d Dept 2021) (holding that the Supreme Court "properly denied dismissal of [defendant's] cross claim alleging breach of contract . . . which was sufficiently pleaded"); Ahmed Elkoulily, M.D., P.C. v New York State Catholic Healthplan, Inc. , 153 AD3d 768, 770-771 (2d Dept 2017) (stating that the Supreme Court erred in dismissing a breach of contract claim pursuant to CPLR § 3211[a][7] where the allegations "were sufficient to state a cause of action to recover damages for breach of contract"); Russo v Rozenholc , 130 AD3d 492, 495 (1st Dept 2015)…
Retrieving the full opinion text from the archive…
Newmark & Company Real Estate Inc.
v.
2615 East 17 Street Realty LLC, and Wilk Real Estate I, LLC, Intervenors-Respondents
Appellate Division of the Supreme Court of the State of New York.
Jan 13, 2011.
80 A.D.3d 476
Cited by 28 opinions  |  Published

Order, Supreme Court, New York County (Joan M. Kenney, J.), entered April 16, 2010, which, insofar as appealed from, in this action alleging a breach of contract, denied plaintiffs motion for summary judgment, unanimously reversed, on the law, with costs, and the motion granted in the principal amount of[*477] $124,415, plus interest from June 25, 2009. The Clerk is directed to enter judgment accordingly. Appeal from order, same court and Justice, entered April 15, 2010, which granted the motion of Wilk Real Estate I, LLC and Albert Wilk to intervene, unanimously dismissed, without costs, as academic.

In the lease between defendant, as the landlord, and nonparty tenant, which was brought into the transaction by plaintiff broker, the subscribing parties represented that plaintiff was the exclusive broker for the transaction and that defendant would pay its commission. This clear representation, which was supported by additional documentary evidence, entitled plaintiff to its commission as a matter of law (Morris Cohort & Co. v Russell, 23 NY2d 569, 574-575 [1969]; Helmsley-Spear, Inc. v New York Blood Ctr., 257 AD2d 64 [1999]). We reject defendant’s claim that the relevant provision does not mean what it says, but resulted from a scrivener’s error (see Edward S. Gordon Co. v Blodnick, Schultz & Abramowitz, 150 AD2d 212 [1989], lv denied 54 NY2d 613 [1989]).

Although defendant did not sign the separate brokerage agreement proffered by plaintiff setting forth the details of its commission, that fact is not fatal either under the statute of frauds or as to enforceability. Several e-mail communications, supported by other documentary evidence, reflected that plaintiff and defendant were in regular contact negotiating the lease and, when the parties appeared close to agreeing to the lease terms, plaintiff e-mailed defendant a draft brokerage agreement, setting forth, inter alia, the particular commission that had been discussed. Plaintiff invited defendant’s revisions and defendant sent back, also by e-mail, handwritten revisions, which did not modify the commission, but only provided that it would be paid in specified increments. Plaintiff incorporated those revisions and sent the final copy back to defendant’s agent, and the record contains no evidence that defendant objected to, protested, or rejected any of the provisions in the last version of the agreement.

An e-mail sent by a party, under which the sending party’s name is typed, can constitute a writing for purposes of the statute of frauds (see General Obligations Law § 5-701 [b] [4]; Stevens v Publicis S.A., 50 AD3d 253, 255-256 [2008], lv dismissed 10 NY3d 930 [2008]). Defendant does not dispute its authorship of the e-mails, nor that they were sent by its agent, and contrary to defendant’s claims, there is no evidence that it rejected the final e-mail sent by plaintiff, which incorporated defendant’s revisions. The e-mail agreement set forth all relevant terms of the agreement, including the particular commis[*478] sion charged by plaintiff, and thus; constituted a meeting of the minds (cf. Naldi v Grunberg, 80 AD3d 1, 13-14 [2010]).

In view of the foregoing, plaintiffs challenges to the order granting the motion to intervene are academic. Concur — Tom, J.P., Sweeny, Freedman, Richter and Abdus-Salaam, JJ.