Parker Madison Partners v. Airbnb

Court:	Supreme Court, New York County
Citation:	2019 NY Slip OP 31132
Index No.:	155490/2018
Plaintiff:	Parker Madison Partners
Defendant:	Airbnb

Facts: Parker Madison Partners (“Parker”) is a firm of licensed real estate brokers. Parker claims that defendant Airbnb is operating as a real estate broker in New York without the benefit of a real estate license. Airbnb arranges for short-term stays in residential properties in New York. Since Airbnb receives a commission for this service which involves real estate, Parker contends that failure by Airbnb to obtain the required real estate license amounted to unfair competition and deceptive trade practices. Prior to instituting this lawsuit, Parker had sued Airbnb in federal court and those claims were dismissed for pleading errors. Parker did not appeal the federal dismissal.

Holding: Supreme Court dismissed Parker’s action on the basis of the dismissal of the federal action which collaterally estopped Parker from filing a new lawsuit in a different court on the same claims.

Submitted by: Davida S. Scher

Precis:Davida S. Scher