Broker Must be the “Procuring Cause” of the Sale to be entitled to Sale Commission.

In Capin & Assoc., Inc. v. Herskovitz, 2021 NY Slip Op. 03249, the Court held that a broker was not entitled to a sales commission because Defendant used another brokerage firm to make an offer, enter into negotiations, conduct due diligence, and close the transaction. Accordingly, the Plaintiff was not the procuring cause of the sale.