42 Cited authorities

  1. Destiny v. Citigroup Global

    69 A.D.3d 212 (N.Y. App. Div. 2009)   Cited 75 times   1 Legal Analyses
    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 50 times   1 Legal Analyses
    Reviewing denial of motion to confirm attachment for abuse of discretion
  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
    Holding that fair market value is an issue of fact, and conflicting evidence purporting to establish different fair market values precludes summary judgment
  6. Wachovia Corp. v. Citigroup, Inc.

    634 F. Supp. 2d 445 (S.D.N.Y. 2009)   Cited 10 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.
  7. Hecht v. Meller

    23 N.Y.2d 301 (N.Y. 1968)   Cited 54 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. Prime City Real Estate Co., Inc. v. Hardy

    256 A.D.2d 80 (N.Y. App. Div. 1998)   Cited 12 times

    December 8, 1998 Appeal from the Supreme Court, New York County (Karla Moskowitz, J.). In this action to recover a broker's commission for procuring a prospective buyer for defendants' real property, plaintiff adduced ample evidence that defendants and the prospective buyer (Wasserman) procured by plaintiff agreed that the property would be sold for $4.1 million in cash, on an "as is" basis, with a $410,000 deposit to be paid on execution of the contract, conditioned on Wasserman's verification of

  10. Louis Schlesinger Co. v. Rice

    4 N.J. 169 (N.J. 1950)   Cited 88 times
    Reciting historical origins of the tort