TOWN COUNTRY SOUTHAMPTON, INC. v. GREY

ORDERED that the order is affirmed insofar as appealed from, with costs.

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 A.D.2d 523). In opposition to the defendants' prima facie showing of entitlement to judgment as a matter of law on the ground that neither the plaintiff nor its agent was the procuring cause of the lease (see Greene v. Hellman, 51 N.Y.2d 197; Brown Son Realty v. Greenberg, 195 A.D.2d 583), the plaintiff's unsupported and conclusory allegation of bad faith on the part of the defendants failed to raise a triable issue of fact (see generally Bassim v. Howlett, 191 A.D.2d 760; Symanski v. East Ramapo Cent. School Dist., 117 A.D.2d 18; cf. Gershner v. Sisca, 253 A.D.2d 785).

SANTUCCI, J.P., McGINITY, LUCIANO and SCHMIDT, JJ., concur.