DSB obtained an order partially awarding summary judgment in favor of a real estate brokerage in a contract/commission dispute. After the client received a 6-figure commission from the sale of a commercial property, the prior owner of an office it had acquired claimed that even though they were not involved in the deal they were entitled to the commission based upon an argument that the listing violated a covenant not to compete. The Court found at least a technical violation of the non-compete clause, but dismissed the action to the extent seeking disgorgement of the commission itself and ruled that the plaintiff’s damages, if any, would be limited to provable lost profits caused by the breach.
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