If the big publishers capitulate and abandon agency, the other retailers, in order to remain competitive, will be forced to
abandon their agency agreements with the publishers as well, otherwise Amazon would have the ability to underprice them.
Parkway Group Ltd. v. Modell's Sporting Goods (254 A.D. 2d 338)- summary judgment dismissing broker's complaint affirmed; letter
agreement between broker and owner providing for commission in the event that a certain sublease was entered into does not, as a matter of law, constitute an exclusive
agency or exclusive right to negotiate with all other potential sublessors; broker not the procuring cause of the ultimate lease transaction; purported
agreement was not enforceable as it provided for a commission «at a rate to be negotiated,» which amounts to an unenforceable
agreement agree; broker also
abandoned transaction.