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