Legal Opinion
Eastern Consolidated Properties, Inc. v. Lucas
Appellate Division of the Supreme Court of the State of New York
Decided July 26, 2001PublishedCited by 2 opinions
1Opinion of the Court
—Order, Supreme Court, New York County (Robert Lippmann, J.), entered September 26, 2000, which, in an action to recover a real estate broker’s commission, granted the motion of the defendants Peter B. Lucas and Staten Island Savings Bank to dismiss the complaint pursuant to CPLR 3211 (a) (7), unanimously reversed, on the law, with costs, the motion denied, and the complaint reinstated.
It is well settled that to assert a cause of action to recover a broker’s commission, a plaintiff must allege that, pursuant to an existing commission agreement, it procured a ready, willing and able purchaser…
2Cases cited9 opinions
- Guggenheimer v. GinzburgNew York Court of Appeals · 1977
- Rovello v. Orofino Realty Co.New York Court of Appeals · 1976
- Foley v. D'AgostinoAppellate Division of the Supreme Court of the State of New York · 1964
- 219 Broadway Corp. v. Alexander's, Inc.New York Court of Appeals · 1979
- Tanenbaum v. . BoehmNew York Court of Appeals · 1911
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3Cited by2 opinions
- Steve Elliot v. TeplitskyAppellate Division of the Supreme Court of the State of New York · 2009
- Insignia Douglas Elliman LLC Retail Group v. MerrellAppellate Division of the Supreme Court of the State of New York · 2004