District Judge Denis R. Hurley


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Defendant John Rosatti moved for summary judgment on breach of brokerage agreement claim, after the court previously dismissed all claims against defendant R Aviation Charter Services for lack of personal jurisdiction, and the other claims against Rosatti on the same basis. Plaintiffs alleged they entered an oral brokerage agreement for defendant to pay plaintiff 1.5% of the purchase price of an aircraft and a consultancy fee. Defendants denied that the parties entered any oral brokerage agreement. However, the parties agreed that defendants authorized plaintiffs to make a bid on an aircraft. Plaintiffs were involved in negotiating the price, securing the loan, and drafting the P&S agreement. The final agreement omitted any reference to plaintiffs, and defendants closed without the knowledge or involvement of plaintiffs. The court denied defendant’s summary judgment motion, finding that his motion merely asserted the lack of a written brokerage agreement. The court held plaintiffs’ allegation of oral agreement, and communications between the parties indicating that plaintiffs performed their obligations under the alleged agreement created a triable issue over whether an oral agreement existed and whether defendant breached same.