Broker Was Entitled to 15 Percent Commission from Landlord

Real estate broker sued landlord in small claims court after landlord failed to pay its commission for rental of an apartment. The court ruled for the broker and awarded $5,000 as the commission. Landlord appealed and lost. The court's decision achieved "substantial justice" between the parties, which is the criteria for upholding a small claims court determination. Landlord contractually agreed to allow the broker to offer the apartment for rent at $4,300 per month and to pay the broker a 15 percent commission "of the first year's aggregate rent" paid by tenant. The broker showed that he produced a tenant ready, willing, and able to rent the apartment on the specified terms.

City Connection Realty v. Zivkovich: Index No. 570738/19, 2020 NY Slip Op 50248(U) (A.T. 1 Dept.; 2/21/20; Shulman, PJ, Cooper, Edmead, JJ)