Brenhouse v. Shah Realty Corp.

—In an action to recover a real estate broker’s commission, the plaintiff appeals from an order of the Supreme Court, Westchester County (Colabella, J.), entered April 27, 1999, which granted the defendant’s motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

To recover a real estate broker’s commission on an unclosed transaction, the plaintiff must establish that he or she procured a prospect who was ready, willing, and able to purchase on the seller’s terms (see, Sopher v Martin, 243 AD2d 459; Mecox Realty Corp. v Rose, 202 AD2d 404).

Here,…