In order to prevail on a cause of action to recover a commission, the broker must establish: (1) that it is duly licensed; (2) that it had a contract, express or implied, with the party to be charged with paying the commission; and (3) that it was the procuring cause of the sale. Where the broker is not involved in the negotiations leading up to the completion of the deal, the broker must establish that it created an amicable atmosphere in which negotiations proceeded, or that it generated a chain of circumstances that proximately led to the sale.
All Is. Estates Realty Corp. v. Singh, NY Slip Op 04647 (2d Dep't September 20, 2023)
