North Site Realty Corp. v. Walsh

OPINION OF THE COURT

Mangano, J. P.

On the instant appeal, we are called upon to interpret the phrase "willful act or default” contained in a brokerage commission agreement.

The instant action was commenced by the plaintiffs to recover brokerage commissions allegedly due to them from the defendants.

By contract dated June 29, 1983, the defendants agreed to sell their home to another couple, the Minuccis. A rider to the contract provided that unless the attorney for the defendants received written notice of the approval of the purchasers’ mortgage loan within 30 days, the defendants had "the…