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.
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