Goldberg v. Cove Cadillac Corp.

In an action to recover a real estate brokerage commission, the plaintiff appeals from an order of the Supreme Court, Nassau County (Robbins, J.), dated December 8, 1987, which denied its motion for partial summary judgment.

Ordered that the order is affirmed, with costs.

*533Upon a review of the record, we find that the defendant has sufficiently raised issues of fact pertaining to the circumstances surrounding the negotiation of a contract for the sale of the real property in question. Since there was no agreement to the contrary, the plaintiff was entitled to a commission if and when he produced…