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Geraci v. Creative Leasing Concepts, Inc.

Appellate Division of the Supreme Court of New York, First Department
Mar 12, 1998
248 A.D.2d 214 (N.Y. App. Div. 1998)

Opinion

March 12, 1998

Appeal from the Supreme Court, New York County (Louise Gruner Gans, J.).


The determination of the trial court, which found that plaintiff had procured a ready, willing and able purchaser who had agreed to the seller's time of the essence clause, and that plaintiff was therefore entitled to her commission, was based largely on credibility findings, that have support in the record, and should not be disturbed ( Cushman Wakefield v. 214 E. 49th St. Corp., 218 A.D.2d 464, 467-468, lv denied 88 N.Y.2d 816). Plaintiff's evidence of her prospective purchaser's line of credit at Chemical Bank was uncontroverted ( see, Fogel v. Rob Realty, 204 A.D.2d 135). Contrary to defendants' contention, consummation of a sale was not a condition precedent to plaintiff's entitlement to a commission, and we therefore need not determine whether defendants frustrated plaintiff's performance ( see, Curtis Props. Corp. v. Grief Cos., 212 A.D.2d 259, 264).

We have considered defendants' other contentions and find them to be without merit.

Concur — Ellerin, J. P., Nardelli, Williams and Mazzarelli, JJ.


Summaries of

Geraci v. Creative Leasing Concepts, Inc.

Appellate Division of the Supreme Court of New York, First Department
Mar 12, 1998
248 A.D.2d 214 (N.Y. App. Div. 1998)
Case details for

Geraci v. Creative Leasing Concepts, Inc.

Case Details

Full title:JOYCE GERACI, Respondent, v. CREATIVE LEASING CONCEPTS, INC., et al.…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Mar 12, 1998

Citations

248 A.D.2d 214 (N.Y. App. Div. 1998)
669 N.Y.S.2d 820

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