Sutton v. East River Savings Bank

Order, Supreme Court, New York County (Whitman, J.), entered October 24, 1980, which denied plaintiff’s motion for summary judgment on his first cause of action, reversed, on the law, and motion granted, with costs. Defendant bank held a first mortgage which was in default on a commercial building. The deceased, a licensed real estate broker, introduced McDonald’s Corporation to the bank as a prospective purchaser of the mortgage or the fee. A letter agreement was executed which provides in pertinent part, “My commission for the sale of the property or for the assignment of your mortgage to…