Cook/Pony Farm Real Estate, Inc. v. Spartan Enterprises, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action to recover a real estate broker’s commission, the defendant appeals, as limited by its brief, from so much of an order of the Supreme Court, Suffolk County (Copertino, J.), entered April 4, 1989, as denied that branch of its motion which was for summary judgment dismissing the complaint.
Ordered that the order is reversed insofar as appealed from, on the law, with costs, and that branch of the defendant’s motion which was for summary judgment dismissing the complaint is granted.
It is undisputed that the parties agreed that a commission was payable only upon closing or the passing…
2Cases cited6 opinions
- Graff v. BilletNew York Court of Appeals · 1985
- Graff v. BilletAppellate Division of the Supreme Court of the State of New York · 1984
- Corcoran Group, Inc. v. MorrisAppellate Division of the Supreme Court of the State of New York · 1985
- Corcoran Group, Inc. v. MorrisNew York Court of Appeals · 1985
- Wm. A. White & Sons v. La Touraine-Bickford's Foods, Inc.Appellate Division of the Supreme Court of the State of New York · 1975
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3Cited by4 opinions
- Sopher v. MartinAppellate Division of the Supreme Court of the State of New York · 1997
- Battery Park Realty, Inc. v. RKO Delaware, Inc.Appellate Division of the Supreme Court of the State of New York · 2005
- Thomas J. Hayes & Associates, L. L. C. v. Island Jeep Eagle, Inc.Appellate Division of the Supreme Court of the State of New York · 1999
- Dawn's Gold Realty v. DagneseAppellate Division of the Supreme Court of the State of New York · 2003