Podlin v. Ghermezian

601 F. App’x 31 (2015)

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Podlin v. Ghermezian

United States Court of Appeals for the Second Circuit
601 F. App’x 31 (2015)

Facts

Mark Podlin (plaintiff), a Georgia resident and a New York licensed real estate agent, applied to be the CEO of the International Shopping Center Development operations of Triple Five Worldwide (Triple Five) (defendant). Triple Five was owned by the Ghermezian family, and Nader Ghermezian contacted Podlin to see whether Podlin could help them acquire a property in New Jersey called the Meadowlands Xanadu. Nader and Podlin met in New York to discuss Podlin’s experience in gaining control of properties and redeveloping them in New Jersey and his political connections in New Jersey. Nader offered to hire Podlin for a salary plus a 10 percent commission on any deals Podlin brought in, contingent on the rest of the Ghermezian family’s approval. The rest of the Ghermezian family said they would hire Podlin as CEO if he got Xanadu for Triple Five. Podlin began working at Triple Five’s headquarters in Edmonton, Alberta, but he was never given a written employment contract. Podlin began working on the Xanadu contract, calling and emailing people in New Jersey. After working for a month, Podlin left Triple Five because he had not received a salary or a contract. Eight months later, Triple Five acquired an interest in part of Xanadu, and three years later, Triple Five took complete control of Xanadu. Podlin filed a diversity action against Triple Five in federal district court in New York, asserting that Triple Five was domiciled in New York and claiming that he was owed a commission on Xanadu. The district court dismissed Podlin’s claims because Podlin was not a licensed real estate broker in New Jersey. Podlin appealed.

Rule of Law

Issue

Holding and Reasoning (Per curiam)

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