You are here: / / PLAINTIFF’S SILENCE COUPLED WITH GOING FORWARD TO ENTER THE LEASE...
,

PLAINTIFF’S SILENCE COUPLED WITH GOING FORWARD TO ENTER THE LEASE CONSTITUTED ACCEPTANCE OF THE REAL ESTATE BROKER’S COUNTEROFFER FOR THE BROKERAGE FEE (SECOND DEPT).

The First Department determined plaintiff’s silence after defendant real estate broker’s counteroffer for the brokerage fee, coupled with plaintiff’s going ahead to enter the lease procured by the broker, constituted acceptance of the counteroffer:

…[T]he plaintiff established, prima facie, its entitlement to a judgment declaring that the brokerage commission due was five percent of the rent for the first five years of the lease agreement by submitting evidence that the defendant did not reject the counteroffer, but instead proceeded to have its client enter into the lease agreement. “While mere silence, when not misleading, cannot be construed as acceptance, a counteroffer may be accepted by conduct”… . The defendant’s conduct of moving forward with the lease agreement upon receiving the plaintiff’s counteroffer established that the objective manifestation of the parties’ intent was an agreement to the brokerage rate set forth in the counteroffer … . Gator Hillside Vil., LLC v Schuckman Realty, Inc., 2018 NY Slip Op 01178, Second Dept 2-21-18

CONTRACT LAW (PLAINTIFF’S SILENCE COUPLED WITH GOING FORWARD TO ENTER THE LEASE CONSTITUTED ACCEPTANCE OF THE REAL ESTATE BROKER’S COUNTEROFFER FOR THE BROKERAGE FEE (SECOND DEPT))/COUNTEROFFER  (CONTRACT LAW, REAL ESTATE, PLAINTIFF’S SILENCE COUPLED WITH GOING FORWARD TO ENTER THE LEASE CONSTITUTED ACCEPTANCE OF THE REAL ESTATE BROKER’S COUNTEROFFER FOR THE BROKERAGE FEE (SECOND DEPT))/REAL ESTATE (BROKERAGE FEE, CONTRACT LAW, PLAINTIFF’S SILENCE COUPLED WITH GOING FORWARD TO ENTER THE LEASE CONSTITUTED ACCEPTANCE OF THE REAL ESTATE BROKER’S COUNTEROFFER FOR THE BROKERAGE FEE (SECOND DEPT))/SILENCE (CONTRACT LAW, COUNTEROFFER, PLAINTIFF’S SILENCE COUPLED WITH GOING FORWARD TO ENTER THE LEASE CONSTITUTED ACCEPTANCE OF THE REAL ESTATE BROKER’S COUNTEROFFER FOR THE BROKERAGE FEE (SECOND DEPT))

You might also like
RECORDS OF PROCEEDINGS BEFORE THE CIVILIAN COMPLAINT REVIEW BOARD ARE POLICE OFFICER PERSONNEL RECORDS WHICH ARE EXEMPT FROM A FREEDOM OF INFORMATION LAW REQUEST.
FALL ON THE SURFACE OF SCAFFOLDING NOT COVERED BY LABOR LAW 240(1), OVERSIGHT OF SITE SAFETY NOT ENOUGH FOR LABOR LAW 200 LIABILITY, SLIP AND FALL ON DUST ENTITLED PLAINTIFF TO SUMMARY JUDGMENT ON LABOR LAW 241(6) CAUSE OF ACTION.
Elements of Tampering with Physical Evidence
THE TREE WELL COULD HAVE CONTRIBUTED TO PLAINTIFF’S SLIP AND FALL; THE CITY’S MOTION FOR SUMMARY JUDGMENT SHOULD NOT HAVE BEEN GRANTED (FIRST DEPT).
Evidence of Availability of Ladders Insufficient to Defeat Summary Judgment in Favor of Plaintiff; Plaintiff Fell While Working Standing on Milk Crates
42 USC 1983 ACTIONS AGAINST INDIVIDUAL POLICE OFFICERS DO NOT RELATE BACK TO THE ACTION AGAINST THE CITY, MOTION TO AMEND THE COMPLAINT BY ADDING NAMED OFFICERS PROPERLY DENIED.
EVIDENCE OF MOTHER’S MENTAL ILLNESS AND HER FAILURE TO PROPERLY TREAT IT WAS SUFFICIENT TO SUPPORT A FINDING OF NEGLECT, EVEN IN THE ABSENCE OF PROOF OF A SPECIFIC INSTANCE OF CHILD NEGLECT (SECOND DEPT).
A PORTION OF THE NYC CHARTER WHICH ALLOWS UNLIMITED SEARCHES OF PAWNBROKERS, THEIR PERSONNEL, PREMISES, MERCHANDISE AND PAPERS IS UNCONSTITUTIONAL; THE UNDERLYING REGULATORY SCHEMES ADDRESSING REPORTING REQUIREMENTS AND INSPECTIONS ARE NOT UNCONSTITUTIONAL (FIRST DEPT).

Categories

Sign Up for the Mailing List to Be Notified When the Site Is Updated.

  • This field is for validation purposes and should be left unchanged.

Copyright © 2026 New York Appellate Digest, Inc.
Site by CurlyHost | Privacy Policy

ALLEGATIONS IN COMPLAINT AND AFFIDAVIT SUBMITTED IN RESPONSE TO A MOTION TO... DEFENDANT DEMONSTRATED HE WOULD NOT HAVE PLED GUILTY HAD HIS COUNSEL TOLD HIM...