42 Cited authorities

  1. Destiny v. Citigroup Global

    69 A.D.3d 212 (N.Y. App. Div. 2009)   Cited 55 times
    Granting preliminary injunction requiring bank to fund draw requests on construction loan because of uncertainty in calculating damage to plaintiff's reputation and other harm stemming from inability to complete "groundbreaking" and "unprecedented" environmentally-friendly development project
  2. Morgenthau v. Avion Resources Ltd.

    2008 N.Y. Slip Op. 9006 (N.Y. 2008)   Cited 41 times   1 Legal Analyses

    No. 167. Argued October 15, 2008. Decided November 20, 2008. APPEAL, by permission of the Appellate Division of the Supreme Court in the First Judicial Department, from an order of that Court, entered December 28, 2007. The Appellate Division order, insofar as appealed from, affirmed an order and judgment (one paper) of the Supreme Court, New York County (Martin Shulman, J.), which had (1) denied plaintiffs motion to confirm an August 2, 2006 attachment order; (2) granted defendants' cross motions

  3. Rusciano Realty Services v. Griffler

    62 N.Y.2d 696 (N.Y. 1984)   Cited 44 times

    Decided May 3, 1984 Appeal from the Supreme Court in the Second Judicial Department, William A. Walsh, Jr., J. Michael B. Golden for appellant. Michael Rikon for respondent. MEMORANDUM. The order of the Appellate Division should be reversed and a new trial granted. Unless the parties have agreed otherwise, a real estate broker will be deemed to have earned his commission when he produces a purchaser who is not only ready and willing to purchase at the terms set by the seller, but able to do so as

  4. Realty Ass. v. Delaware

    34 A.D.3d 261 (N.Y. App. Div. 2006)   Cited 14 times

    9504. November 9, 2006. Order, Supreme Court, New York County (Ira Gammerman, J.H.O.), entered May 25, 2005, which dismissed the complaint after a nonjury trial, unanimously affirmed, without costs. Before: Andrias, J.P., Friedman, Marlow, Nardelli and Sweeny, JJ. Plaintiff Far Realty Associates and defendant RKO Corporation entered into a brokerage agreement giving the former the "sole and exclusive agency to lease the premises." The agreement also contemplated that Far Realty would receive a commission

  5. White v. Farrell

    2013 N.Y. Slip Op. 1870 (N.Y. 2013)   Cited 8 times
    In White, the issue presented concerned how to measure actual damages in the resale of a house, and the Court of Appeals stated in a footnote that "any question of whether, or to what extent, the [sellers] were entitled to recover consequential damages is not properly before us" (id. at 493 n 1).
  6. Wachovia Corp. v. Citigroup, Inc.

    634 F. Supp. 2d 445 (S.D.N.Y. 2009)   Cited 9 times
    In Wachovia Corporation, the United States District Court for the Southern District of New York determined that an agreement at issue which “prohibited Wachovia from soliciting any acquisition proposals from third parties or entering into negotiations with any third party for the purpose of securing an acquisition proposal” was the type of “other agreement” addressed by § 126(c) of the EESA. Wachovia Corp. v. Citigroup, Inc., 634 F.Supp.2d 445, 448–49 (S.D.N.Y.2009).
  7. Hecht v. Meller

    244 N.E.2d 77 (N.Y. 1968)   Cited 53 times

    Argued October 8, 1968 Decided November 27, 1968 Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, JOHN J. DILLON, J. Hunter Meighan, G. Kenneth Brown and Jefferson D. Meighan for appellant. Charles Burton and Martin J. Rosen for respondents. KEATING, J. This appeal presents a question of first impression: Is a real estate broker entitled to commissions on the sale of real property if the purchaser asserts a statutory privilege to rescind the contract of sale

  8. Destiny USA Holdings, LLC v. Citigroup Global Markets Realty Corp.

    24 Misc. 3d 1222 (N.Y. Sup. Ct. 2009)   Cited 3 times

    No. 09-4157. July 17, 2009. Cherundolo, J. Contracts — Construction Contracts — Construction Loan. Injunctions — Preliminary Injunction.

  9. Louis Schlesinger Co. v. Rice

    72 A.2d 197 (N.J. 1950)   Cited 86 times
    Reciting historical origins of the tort
  10. Westhill Exports v. Pope

    191 N.E.2d 447 (N.Y. 1963)   Cited 55 times

    Argued March 26, 1963 Decided May 9, 1963 Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, FRANCIS X. CONLON, J. Martin Evans and William S. Evans for appellant. John B. Alfieri for respondents. VAN VOORHIS, J. In this action brought to recover commissions, plaintiff alleged that it was employed by defendants to procure for them a 10-year contract to supply newsprint to defendants and that plaintiff was to be paid a commission of 3% of the gross sales by the