Mizrahi v. Hovas

Order, Supreme Court, New York County (Joan A. Madden, J.), entered January 29, 2015, which granted defendants’ motion, pursuant to CPLR 3211 (a) (7), to dismiss the amended complaint for failure to state a cause of action, unanimously affirmed, without costs.

Although a real estate broker who produces a person ready and willing to enter into a contract upon the seller’s terms, is generally entitled to a commission, the “parties to a brokerage agreement are free to add whatever conditions they may wish to their agreement” (Feinberg Bros. Agency v Berted Realty Co., 70 NY2d 828, 830 [1987],…