Legal Opinion
O'Connor Realty Services Inc. v. Higgins
Appellate Division of the Supreme Court of the State of New York
Decided April 10, 1989PublishedCited by 5 opinions
1Opinion of the Court
— In an action to recover a real estate brokerage commission, the defendants appeal from a judgment of the Supreme Court, Putnam County (Dickinson, J.), dated March 22, 1988, which, after a nonjury trial, is in favor of the plaintiff and against them in the principal sum of $9,250.
Ordered that the judgment is reversed, on the law, with costs, and the complaint is dismissed.
It is well settled that "in the absence of an agreement to the contrary, a real estate broker will be deemed to have earned his commission when he produces a buyer who is ready, willing and able to purchase at the terms set…
2Cases cited5 opinions
- Lane — Real Estate Department Store, Inc. v. Lawlet Corp.New York Court of Appeals · 1971
- Rusciano Realty Services, Ltd. v. GrifflerNew York Court of Appeals · 1984
- Blackmore v. Wigne Land Corp.Appellate Division of the Supreme Court of the State of New York · 1983
- Concordant Associates, Inc. v. SlutskyAppellate Division of the Supreme Court of the State of New York · 1984
- Realty v. Wedgewood Homes, Inc.Appellate Division of the Supreme Court of the State of New York · 1988
3Cited by5 opinions
- Fogel v. Fred Rob Realty Inc.Appellate Division of the Supreme Court of the State of New York · 1994
- Moore & Moore Real Estate v. AloiAppellate Division of the Supreme Court of the State of New York · 1996
- Central City Brokerage Corp. v. ElyacharAppellate Division of the Supreme Court of the State of New York · 2007
- Hirshon Associates, LLC v. Suffolk Donut Corp.Appellate Division of the Supreme Court of the State of New York · 2006
- AA Frontier Inc. v. SilvermanAppellate Terms of the Supreme Court of New York · 2003