January 7, 2026 – The Honorable Frank A. Tinari of the Supreme Court, Suffolk County has dismissed a broker’s claim against a seller for a commission on the sale of a North Haven property, in Simon Harrison Real Estate, LLC v. 20 Forest Road LLC, Suffolk Index No. 610349/2024.

The plaintiff, Simon Harrison Real Estate, was a licensed real estate broker that was claiming to have earned a share of a commission for introducing the seller to a buyer whose contract was terminated before closing.  The seller did not have any agreement with Simon Harrison but had entered into an “Exclusive Right to Sell” agreement with the listing broker, Saunders & Associates.  When the property was later sold to a different buyer, Simon Harrison claimed that it was entitled to a share of the commission from the seller for introducing it to the first buyer, based on a “universal” co-brokerage agreement between Simon Harrison and Saunders.

When the seller moved for summary judgment to dismiss Simon Harrison’s claim, the court sided with the seller primarily on two grounds.   First, the court agreed with the seller that it had “no contract with [Simon Harrison], implied or express,” and the only commission agreement entered into by the seller was the “ERS” with Saunders.   Second, the court agreed that the ERS provided that a commission was “payable ONLY if, as and when title passes,” and it undisputed that title did not pass as between the buyer that Simon Harrison introduced to the seller.  The court also rejected Simon Harrison’s alternative theories based on “quantum meruit” and “unjust enrichment,” as well as “implied contract.”

EHADP represented the seller throughout the action.