Legal Opinion
Graff v. Billet
New York Court of Appeals
Decided February 14, 1985PublishedCited by 75 opinions
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be affirmed, with costs, for reasons stated in that court’s Per Curiam opinion. We would only note the following.
The dissent relies upon the rule that where the sale fails due to the seller’s fault or default, a broker is entitled to-the commission unless the parties clearly intend otherwise. Their reliance is misplaced. The rule is inapplicable where, as here, the brokerage agreement explicitly provides that the commission is due when “title passes”, not merely when the broker has obtained a prospective buyer. In light…
2Cases cited5 opinions
- United States v. SeckingerSupreme Court of the United States · 1970
- 151 West Associates v. Printsiples Fabric Corp.New York Court of Appeals · 1984
- Colvin v. . Post Mortgage Land Co.New York Court of Appeals · 1919
- Stern v. Gepo Realty Corp.New York Court of Appeals · 1942
- Levy v. LaceyNew York Court of Appeals · 1968
3Cited by75 opinions
- Mastrobuono v. Shearson Lehman Hutton, Inc.Supreme Court of the United States · 1995
- Painewebber Incorporated v. Michael J. Bybyk and Joyce O. BybykCourt of Appeals for the Second Circuit · 1996
- Levine v. Advest, Inc.Supreme Court of Connecticut · 1998
- Curtis Properties Corp. v. Greif Co.Appellate Division of the Supreme Court of the State of New York · 1995
- Benincasa v. GarrubboAppellate Division of the Supreme Court of the State of New York · 1988
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