Consultants v. Nokia Inc.
| Decision Date | 28 June 2011 |
| Parties | SIEGEL CONSULTANTS, LTD., Plaintiff–Appellant,v.NOKIA, INC., et al., Defendants–Respondents.5 LLC, Third–Party Plaintiff–Appellant,v.Friedland Realty, Inc., et al., Third–Party Defendants–Respondents–Respondents. |
| Court | New York Supreme Court — Appellate Division |
85 A.D.3d 654
926 N.Y.S.2d 82
2011 N.Y. Slip Op. 05555
SIEGEL CONSULTANTS, LTD., Plaintiff–Appellant,
v.
NOKIA, INC., et al., Defendants–Respondents.5 LLC, Third–Party Plaintiff–Appellant,
v.
Friedland Realty, Inc., et al., Third–Party Defendants–Respondents–Respondents.
Supreme Court, Appellate Division, First Department, New York.
June 28, 2011.
[926 N.Y.S.2d 83]
Mitchell Silberberg & Knupp LLP, New York (James E. Schwartz of counsel), for Siegel Consultants, Ltd., appellant.Callan, Koster, Brady & Brennan LLP, New York (David A. LoRe of counsel), for Nokia, Inc. and 5 LLC, respondents and for 5 LLC, appellant.Alfieri, Frohman & Primoff, LLP, New York (Paul Frohman of counsel), for respondents-respondents.SAXE, J.P., FRIEDMAN, FREEDMAN, RICHTER, JJ.
[85 A.D.3d 655] Order, Supreme Court, New York County (Eileen Bransten, J.), entered August 12, 2010, which, insofar as appealed from, denied plaintiff Siegel Consultants, Ltd.'s motion for partial summary judgment on the issue of liability as against defendant 5 LLC, granted defendant Nokia, Inc.'s cross motion for summary judgment dismissing the complaint as against it, and granted the motion of third-party defendants Friedland Realty, Inc. and Gene Meer to dismiss the third-party complaint to the extent of dismissing the complaint in its entirety against Meer and dismissing the third-party causes of action against Friedland for breach of a contractual obligation to pay commissions, fraud, breach of fiduciary duty, breach of loyalty, breach of the implied covenant of good faith and fair dealing, unjust enrichment, and contribution, unanimously modified, on the law, to grant summary judgment to 5 LLC to dismiss Siegel's complaint in its entirety, and to dismiss 5 LLC's third-party complaint against Friedland Realty, Inc., and otherwise affirmed, without costs.
This action arises out of a dispute concerning a real estate broker's commission for the rental of premises located in Manhattan. Nokia first became aware of the subject property owned by 5 LLC, in January, 2005, when one of its employees, Jeremy Wright, was in New York City to scout out possible spaces for a new flagship store. Wright, in an affidavit, states that he observed a sign in the window of the subject property and notified Andrew Bathurst, Nokia's real estate consultant. Bathurst then contacted Ronald Austin, a real estate agent, who in turn contacted Siegel for its consulting services. 5 LLC contends that it arranged for Nokia to view the property on January 19, 2005, and that Siegel did not attend this meeting.
[926 N.Y.S.2d 84]
According to 5 LLC, it had no communication or interaction with anyone from Siegel.
Siegel, however, contends that it was contacted by Austin, who was acting as an agent for Nokia, to find a suitable retail space in Manhattan. Siegel further states that it proposed the subject space and that it arranged, with 5 LLC's permission and...
To continue reading
Request your trial
-
YRB Nyc, Inc. v. Sovereign Bank of N.Y., Citibank, N.A.
...New Hampshire Ins. Co. v MF Global, Inc., 108 A.D.3d 463, 970 N.Y.S.2d 16 [1st Dept 2013]; Siegel Consultants, Ltd v Nokia, Inc., 85 A.D.3d 654, 926 N.Y.S.2d 82 [1st Dept 2011]). Searching the record to grant summary judgment to a non-moving party affords an expedient resolution of a claim ......
-
Comm'r of the Dep't of Soc. Servs. of N.Y. v. N.Y.-Presbyterian Hosp.
...such a claim, which would not, by itself, confer third-party beneficiary status on DSS (see e.g. Siegel Consultants, Ltd. v. Nokia, Inc., 85 A.D.3d 654, 657, 926 N.Y.S.2d 82 [1st Dept. 2011], lv denied 18 N.Y.3d 809, 2012 WL 996911 [2012] ; Joseph P. Day Realty Corp. v. Chera, 308 A.D.2d 14......
-
Clemente v. 205 W. 103 Owners Corp.
...were performing. Thus, plaintiff's motion is denied and the court searches the record, see Siegel Consultants, Ltd. v. Nokia, Inc., 85 A.D.3d 654, 926 N.Y.S.2d 82 (1st Dep't 2011), lv denied 18 N.Y.3d 809, 944 N.Y.S.2d 480, 967 N.E.2d 705 (2012), to grant defendants' motion and cross-motion......
-
Art Capital Grp., LLC v. Rose
...reached the first through tenth and eighteenth through twenty-first causes of action (see e.g. Siegel Consultants, Ltd. v. Nokia, Inc., 85 A.D.3d 654, 656–657, 926 N.Y.S.2d 82 [1st Dept. 2011], lv. denied 18 N.Y.3d 809, 2012 WL 996911 [2012] ). The second cause of action alleges breach of f......