Litigators Obtain Summary Judgment Dismissing Claim for Brokerage Commission

At the conclusion of oral argument on Kane Kessler’s motion for summary judgment seeking dismissal of the case M.C. O’Brien, Inc. v. Empire State Dairy LLC, et al, No. 510227/2022 (Sup. Ct. Kings Co.),  Justice Rupert Barry of the Kings County Supreme Court ruled from the bench, granting Kane Kessler’s motion for summary judgment and dismissing a million-dollar fee claimed by the plaintiff real estate broker for unpaid commissions.  On February 24, 2025, the Court issued a formal written Order granting summary judgment and dismissing the Complaint with prejudice.  The plaintiff broker alleged that it had procured a charter school as tenant for the client’s commercial property and was therefore entitled to a brokerage commission. Kane Kessler successfully argued on summary judgment that plaintiff never had a written or implied contract with the client and the plaintiff was not the procuring cause of the ultimate lease agreement. The attorneys for the Firm who represented the client were Jeffrey H. Daichman and John L. Reklaitis of the Firm’s Litigation Department.