Legal Opinion
AA Frontier Inc. v. Silverman
Appellate Terms of the Supreme Court of New York
Decided July 18, 2003Published
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
Order affirmed without costs.
The entitlement to a brokerage commission is generally not conditioned upon the performance of a contract for the sale of real estate, although the parties may provide otherwise by agreement (see Levy v Lacey, 22 NY2d 271 [1968]). If, however, there is no agreement indicating when the commission is earned, such commission will be considered to have been earned upon the procurement of a purchaser who is not only ready and willing to perform the contract on terms satisfactory to the seller (see Lane-Real Estate Dept. Store v Lawlet…
2Cases cited6 opinions
- Lane — Real Estate Department Store, Inc. v. Lawlet Corp.New York Court of Appeals · 1971
- Levy v. LaceyNew York Court of Appeals · 1968
- Rusciano Realty Services, Ltd. v. GrifflerNew York Court of Appeals · 1984
- Urcan v. CocarelliAppellate Division of the Supreme Court of the State of New York · 1996
- Globerman v. LedererAppellate Division of the Supreme Court of the State of New York · 1952
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