Reiner v. Ellinger

William C. Hecht, Jr., J.

This is a motion for summary judgment dismissing the complaint in an action for brokerage commissions.

Plaintiff claims that an oral agreement had been arrived at between defendants and his customer and that the failure to enter into a written agreement was due to defendants ’ acceptance of an offer made by another.

*139The question presented is whether, by reason of the provisions of a writing signed by plaintiff at the commencement of the negotiations, before he had earned a commission, plaintiff cannot recover, even if an oral agreement with his customer had been arrived…