Hammer v. Griffin

In an action to recover a real estate broker’s commission, the plaintiff appeals, as limited by his brief, from so much of an order of the Supreme Court, Westchester County (Tolbert, J.), entered December 23, 2004, as denied his cross motion for summary judgment.

Ordered that the order is affirmed insofar as appealed from, with costs.

In this action to recover a real estate broker’s commission, the Supreme Court properly denied the plaintiffs cross motion for summary judgment on his complaint. “To earn a commission, a broker must prove that he or she had a contract, either express or implied,…