Northeast General Corp. v. Wellington Advertising (82 N.Y.2d 158) "finder" versus "agency" agreement - finder has no duty to disclose adverse information to client; on facts presented, there was a "finder" rather than a "fiduciary" relationship.

2. AN Assocs. v. Quotron Sys. (159 Misc. 2d 515) employment recruitment firms compared to real estate brokers. "Procuring cause" standard utilized.

3. Jackson v. ITT Corp. (221 A.D.2d 237, mot. for leave to app. den. 87 N.Y.2d 810) - oral agreement for finder’s fee unenforceable under Massachusetts law; if New York law applied, and contract was otherwise enforceable under exception to New York Statute of Frauds, court would not enforce otherwise void contract to allow attorney to use his broker’s licensing exemption to benefit a non-licensed, non-exempt party.

4. Berg v. Wilpon (271 A.D.2d 629) - judgment dismissing complaint in an action to recover a finder’s fee in connection with the leasing of real property affirmed; plaintiff, who did not have a real estate brokers license, was barred from collecting a fee for his endeavors, which were in the nature of brokerage services

5. Futterman Organization, Inc. v. Bridgemarket Assoc., L.P. (278 A.D.2d 105) - a finder’s fee agreement in a real estate transaction is not enforceable unless the person who seeks remuneration had an express, special agreement to act solely as a finder; quantum meruit claim must be dismissed because such claim necessarily rests upon an implied contract while recovery of a finder’s fee requires an express contract; there was no agreement of when a finder’s fee would be earned or, if earned, how it should be computed

6. Citadel Mgt. Co., Inc. v. The Macklowe Org. (286 A.D.2d 572) - broker granted partial summary judgment for payment of commission as a finder; record lacks any evidence that broker performed any services that could give rise to any fiduciary duties owed; party’s agreement clear that once broker introduced the principals, broker’s services were no longer needed; purchase and sale contract expressly states that seller agreed to pay broker pursuant to a separate agreement, such admission entitles broker to summary judgment as to liability for payment; matter remanded for determination of compensation agreed upon

7. PKG Assoc., Inc. v. Dubb (306 A.D. 2d 333) - finder; statute of frauds; statute of frauds does not preclude licensed real estate broker from recovery in quantum meruit for the reasonable value of their services; broker is not barred from maintaining a lawsuit to recover a finder’s fee where, in fact, it has entered into a special contract to act solely as a finder.

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Fourth quarter Legal Lines now available

The fourth quarter 2019 edition of NYSAR’s Legal Lines is now available online at This edition covers new DOS proposed regulations, emotional support animals in housing, Landlord discrimination and more. Learn more