Judge Andrew Tarantino Jr.
Fire Island Real Estate (FIRE) sued Coldwell Banker for commissions it believed it earned from a real estate transaction. Coldwell’s counsel argued it had an exclusive agreement with the homeowners to sell the residence. FIRE alleged it was a listing broker for the subject property, claiming it originally introduced purchaser Weinstein to it, resulting in the purchase from owners. The court, however, found Weinstein contradicted FIRE’s claims, noting it never intended to show her the property, did not return any calls regarding an offer on the property, and had nothing to do with the subject transaction of sale. It dismissed FIRE’s claim against Coldwell for breach of contract, ruling FIRE’s own testimony revealed that any contract which may have existed would have been between FIRE and the former owners, and no evidence existed of an agreement with Coldwell. The court also dismissed FIRE’s claim that Coldwell was unjustly enriched, noting while Coldwell was enriched by the commission it received from the transaction, FIRE failed to show it was at its expense as it "did nothing" to further the sale of the property.