The plaintiff real estate broker brought a motion for summary judgment against the defendant property owner for an unpaid leasing commission.
The owner cross-moved to dismiss the claim, arguing its property manager lacked actual authority to enter into the listing agreement on its behalf.
The court found that the property management agreement granted the manager actual authority to arrange for advertising and promotion, which included engaging a broker.
The court further held that the plaintiff was entitled to the commission because a valid offer to lease was received during the listing period and the owner's agent breached the agreement by failing to refer the prospective tenant to the plaintiff.
The plaintiff's motion for summary judgment was granted and the defendant's cross-motion was dismissed.
