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PETER A. BRANDENBERG et al., Appellants, v. WATERS PLACE ASSOCIATES, L.P., Respondent.

Ordered that the order is affirmed, with costs.

The plaintiffs, Peter A. Brandenberg, a licensed real estate broker, and Brandenberg Realty Associates, Inc., were engaged by the defendant, Waters Place Associates, L.P. (hereinafter Waters Place), for the purpose of arranging a lease or sale of its property. The plaintiffs procured a potential tenant, but Waters Place found the potential tenant to be unsuitable. Subsequently, Waters Place leased the property to a third party who subleased the property to the potential tenant the plaintiffs procured for Waters Place approximately five years earlier. The plaintiffs commenced this action to recover a broker's commission arising from the lease. The Supreme Court granted the motion of Waters Place for summary judgment dismissing the complaint. We affirm.

To recover a commission, a broker must establish that he or she is duly licensed, that he or she has a contract, express or implied, with the party charged with paying the commission, and that he or she was the procuring cause of the sale or lease ( see Ormond Park Realty v. Round Hill Dev. Corp., 266 AD2d 523, 524; Buck v. Cimino, 243 AD2d 681, 684; Mollyann, Inc. v. Demetriades, 206 AD2d 415). In opposition to the prima facie showing of Waters Place of entitlement to judgment as a matter of law on the ground that the plaintiffs were not the procuring cause of the lease ( see Greene v. Hellman, 51 NY2d 197; Brown Son Realty v. Greenberg, 195 AD2d 583, 584), the plaintiffs failed to raise a triable issue of fact ( see Winegrad v. New York Univ. Med. Ctr., 64 NY2d 851; Zuckerman v. City of New York, 49 NY2d 557).

In any event, we conclude that the plaintiffs' action is time-barred. Waters Place rejected the potential tenant no later than August 1994, and this action was commenced in May 2001, more than six years later ( see Ely-Cruikshank Co. v. Bank of Montreal, 81 NY2d 399).

The plaintiffs' remaining contentions are without merit.

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BRANDENBERG v. WATERS PLACE ASSOCIATES, L.P
(Apr 25, 2005)