Opinion
Submitted March 3, 2000.
April 13, 2000.
In an action to recover a real estate broker's commission, the plaintiff appeals from an order of the Supreme Court, Westchester County (Colabella, J.), entered April 27, 1999, which granted the defendant's motion for summary judgment dismissing the complaint.
Robert C. Agee, Bronxville, N.Y., for appellant.
Altman Altman, Bronx, N.Y. (Joseph Altman of counsel), for respondent.
DANIEL W. JOY, J.P., WILLIAM C. THOMPSON, GABRIEL M. KRAUSMAN, GLORIA GOLDSTEIN, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with costs.
To recover a real estate broker's commission on an unclosed transaction, the plaintiff must establish that he or she procured a prospect who was ready, willing, and able to purchase on the seller's terms (see, Sopher v. Martin, 243 A.D.2d 459 ; Mecox Realty Corp. v. Rose, 202 A.D.2d 404 ).
Here, once the defendant established a prima facie case, the plaintiff was required to lay bare his proof and present evidence in admissible form sufficient to raise a triable issue of fact that a ready, willing, and able buyer existed (see, Russo v. Pergament Home Center, Inc., 266 A.D.2d 369 [2d Dept, Nov. 15, 1999]). The plaintiff failed to meet this burden.