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INDEX NO. 151644/2014
FILED: NEW YORK COUNTY CLERK 02/25/2014
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 02/25/2014
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
ee
SCHLESINGER & COMPANY, LLC, Index No.
Plaintiff,
COMPLAINT
~against-
GP 275 OWNER, LLC,
Defendant.
ae ee ee
a
Plaintiff, for its Complaint, alleges, with knowledge as to
its own acts and otherwise on information and belief, that:
CAUSE OF ACTION
(Breach of Contract)
1. Plaintiff Schlesinger & Company, LL ("Schlesinger") is
a domestic limited liability company organized under the laws of
the State of New York. Schlesinger was a licensed real estate
broker whose offices at all relevant times were located at 230
Park Avenue, New York, New York 10169.
2. Defendant GP 275 Owner, LLC ("275 Owner")is a domestic
limited liability company organized under the laws of the State
of New York, is the successor in interest to GP 275 Madison, LLC
("275 Madison") and is the owner of the premises located at 275
Madison Avenue, New York, New York 10016.
3 On or about August 16, 2002, Defendant's predecessor in
interest, 275 Madison, acting through its agent, RFR Realty LLC,
siswogucoMpsK.00002.4pa
entered into a brokerage agreement with Schlesinger (the
"Brokerage Agreement").
4 The Brokerage Agreement set forth the terms and
conditions under which Defendant would compensate Schlesinger for
finding a tenant for office space located on the fifth floor of
the building located at 275 Madison Avenue (the "™Premises"). The
Brokerage Agreement identified the proposed lessee as the firm of
Rosen & Livingston, now known as Rosen Livingston & Cholst LLP
("Livingston™).
5 The Brokerage Agreement provided that, on Livingston
entering into a lease agreement with 275 Madison for the
Premises, 275 Madison would pay Schlesinger a brokerage
commission. The commission would be calculated as a percentage
of the "basic fixed annual rent" for the Premises with the
applicable percentage set forth on the Commission Rate Schedule
attached to the Agreement.
6 The Brokerage Agreement also entitled Schlesinger to be
paid an additional commission if Livingston exercised either or
both of two options under the proposed lease agreement. The
options that would trigger additional commissions were (a) an
option to extend or renew the term of the lease or {b) an option
to rent additional space on the fifth floor of the building.
Te The Brokerage Agreement further provided that its
provisions, including the provisions governing the payment of
additional commissions, “shall be binding upon, and inure to the
benefit of the parties hereto and their respective successors and
permitted assigns."
8. On or about August 22, 2002, 275 Madison entered into a
lease agreement with Livingston for the Premises (the “Lease
Agreement"). The Lease Agreement had an initial term of 10 years
and two months and contained the above options for Livingston to
extend or renew the term of the lease and to rent additional
space on the fifth floor of the building.
9. On information and belief, Defendant succeeded to the
interest of 275 Madison as the owner of the Premises.
10. On information and belief, in 2012, after Defendant had
assumed ownership of the Premises and toward the end of the Lease
Agreement's term, Livingston exercised its option or right to
extend the lease for an additional term of three-and-a-half years
and to amend certain other provisions in the lease by entering
into an amendment to the Lease Agreement.
ll. By virtue of Livingston's having extended its lease,
Schlesinger is entitled under the Brokerage Agreement to receive
an additional commission from Defendant.
12. According to the Commission Rate Schedule attached to
the Brokerage Agreement, the applicable commission rate for the
eleventh through the twentieth year of the tenancy, or any
fraction thereof, was to be 2% of the basic fixed annual rent for
such period. Accordingly, Schlesinger is entitled to receive an
additional commission equal to 2% of the rent applicable to the
three-and-a-half year extension period.
13. Defendant has ignored Schlesinger's requests that
Defendant honor its contract and has failed to pay the commission
it owes.
14, Schlesinger has duly performed all of its obligations
under the Brokerage Agreement.
15. Defendant therefore has breached the Brokerage
Agreement by failing to pay the amounts it owes to Schlesinger.
16. As a result of Defendant's breach of the Brokerage
Agreement, Schlesinger has been damaged in an amount to be
determined, but not less than $100,000.00, plus interest at the
statutory rate.
WHEREFORE Plaintiff demands that judgment on its Cause of
Action, awarding it damages in an amount to be determined, but
not less than $100,000.00, plus interest; and awarding costs,
disbursements and such other and further relief to Plaintiff as
the Court may deem just and
proper.
Dated: New York, N x
February 1, 2014
KORNSTEIN VEISZ WEXLER
& POLLARD, LLP
By \ tA
Daniel JJ Kornstein
757 Third Avenue
New York, New York 10017
(212) 418-8600
Attorneys for Plaintiff
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INDEX NO. 151644/2014 FILED: NEW YORK COUNTY CLERK 02/25/2014 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 02/25/2014 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ee SCHLESINGER & COMPANY, LLC, Index No. Plaintiff, COMPLAINT ~against- GP 275 OWNER, LLC, Defendant. ae ee ee a Plaintiff, for its Complaint, alleges, with knowledge as to its own acts and otherwise on information and belief, that: CAUSE OF ACTION (Breach of Contract) 1. Plaintiff Schlesinger & Company, LL ("Schlesinger") is a domestic limited liability company organized under the laws of the State of New York. Schlesinger was a licensed real estate broker whose offices at all relevant times were located at 230 Park Avenue, New York, New York 10169. 2. Defendant GP 275 Owner, LLC ("275 Owner")is a domestic limited liability company organized under the laws of the State of New York, is the successor in interest to GP 275 Madison, LLC ("275 Madison") and is the owner of the premises located at 275 Madison Avenue, New York, New York 10016. 3 On or about August 16, 2002, Defendant's predecessor in interest, 275 Madison, acting through its agent, RFR Realty LLC, siswogucoMpsK.00002.4pa entered into a brokerage agreement with Schlesinger (the "Brokerage Agreement"). 4 The Brokerage Agreement set forth the terms and conditions under which Defendant would compensate Schlesinger for finding a tenant for office space located on the fifth floor of the building located at 275 Madison Avenue (the "™Premises"). The Brokerage Agreement identified the proposed lessee as the firm of Rosen & Livingston, now known as Rosen Livingston & Cholst LLP ("Livingston™). 5 The Brokerage Agreement provided that, on Livingston entering into a lease agreement with 275 Madison for the Premises, 275 Madison would pay Schlesinger a brokerage commission. The commission would be calculated as a percentage of the "basic fixed annual rent" for the Premises with the applicable percentage set forth on the Commission Rate Schedule attached to the Agreement. 6 The Brokerage Agreement also entitled Schlesinger to be paid an additional commission if Livingston exercised either or both of two options under the proposed lease agreement. The options that would trigger additional commissions were (a) an option to extend or renew the term of the lease or {b) an option to rent additional space on the fifth floor of the building. Te The Brokerage Agreement further provided that its provisions, including the provisions governing the payment of additional commissions, “shall be binding upon, and inure to the benefit of the parties hereto and their respective successors and permitted assigns." 8. On or about August 22, 2002, 275 Madison entered into a lease agreement with Livingston for the Premises (the “Lease Agreement"). The Lease Agreement had an initial term of 10 years and two months and contained the above options for Livingston to extend or renew the term of the lease and to rent additional space on the fifth floor of the building. 9. On information and belief, Defendant succeeded to the interest of 275 Madison as the owner of the Premises. 10. On information and belief, in 2012, after Defendant had assumed ownership of the Premises and toward the end of the Lease Agreement's term, Livingston exercised its option or right to extend the lease for an additional term of three-and-a-half years and to amend certain other provisions in the lease by entering into an amendment to the Lease Agreement. ll. By virtue of Livingston's having extended its lease, Schlesinger is entitled under the Brokerage Agreement to receive an additional commission from Defendant. 12. According to the Commission Rate Schedule attached to the Brokerage Agreement, the applicable commission rate for the eleventh through the twentieth year of the tenancy, or any fraction thereof, was to be 2% of the basic fixed annual rent for such period. Accordingly, Schlesinger is entitled to receive an additional commission equal to 2% of the rent applicable to the three-and-a-half year extension period. 13. Defendant has ignored Schlesinger's requests that Defendant honor its contract and has failed to pay the commission it owes. 14, Schlesinger has duly performed all of its obligations under the Brokerage Agreement. 15. Defendant therefore has breached the Brokerage Agreement by failing to pay the amounts it owes to Schlesinger. 16. As a result of Defendant's breach of the Brokerage Agreement, Schlesinger has been damaged in an amount to be determined, but not less than $100,000.00, plus interest at the statutory rate. WHEREFORE Plaintiff demands that judgment on its Cause of Action, awarding it damages in an amount to be determined, but not less than $100,000.00, plus interest; and awarding costs, disbursements and such other and further relief to Plaintiff as the Court may deem just and proper. Dated: New York, N x February 1, 2014 KORNSTEIN VEISZ WEXLER & POLLARD, LLP By \ tA Daniel JJ Kornstein 757 Third Avenue New York, New York 10017 (212) 418-8600 Attorneys for Plaintiff