Burman Realty of Lindenhurst, Inc. v. Allen

This is an action by plaintiff real estate broker to recover commissions. The parties have stipulated to an agreed statement of facts, which the court summarizes as follows:

1. A multiple listing agreement was entered into by the parties on February 23, 1973, whereby an exclusive right to sell was granted to the plaintiff by defendant which right was to terminate at the expiration of six months; more specifically, August 23, 1973.

2. Except for one occasion when plaintiff called on the telephone to arrange to show the premises, but was refused permission because the premises were in disarray,…