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MAGNUM REAL ESTATE SERVICES, INC., Plaintiff-res-ap, v. 133-134-135 ASSOCIATES, LLC Defendants-Appellants-res

8058. MAGNUM REAL ESTATE SERVICES, INC., Plaintiff-res-ap, v. 133-134-135 ASSOCIATES, LLC Defendants-Appellants-res — Sills Cummis & Gross P.C., New York (Mark E. Duckstein of counsel), for appellants-res — Coritsidis & Lambros, PLLC, New York (Jeffrey A. Gangemi of counsel), for res-res — Order, Supreme Court, New York County (Barbara R. Kapnick, J.), entered December 12, 2011, which denied defendants' motion for summary judgment dismissing the complaint, and denied plaintiff's cross motion for summary judgment as to the first, second and third causes of action, modified, on the law, to dismiss the first and second causes of action, and otherwise affirmed, without costs.

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8058. MAGNUM REAL ESTATE SERVICES, INC., Plaintiff-res-ap, v. 133-134-135 ASSOCIATES, LLC Defendants-Appellants-res — Sills Cummis & Gross P.C., New York (Mark E. Duckstein of counsel), for appellants-res — Coritsidis & Lambros, PLLC, New York (Jeffrey A. Gangemi of counsel), for res-res — Order, Supreme Court, New York County (Barbara R. Kapnick, J.), entered December 12, 2011, which denied defendants’ motion for summary judgment dismissing the complaint, and denied plaintiff’s cross motion for summary judgment as to the first, second and third causes of action, modified, on the law, to dismiss the first and second causes of action, and otherwise affirmed, without costs.

The written agreement upon which plaintiff seeks a success fee and certain real estate broker’s commissions is unenforceable as vague, since the agreement fails to set the price or compensation to be received by plaintiff. Nor does it provide for a means to calculate same (see Matter of 166 Mamaroneck Ave. Corp. v. 151 E. Post Rd. Corp., 78 NY2d 88, 91-92 [1991]). As such, the IAS court should have granted defendants summary judgment on the two breach of contract claims.

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