Finnegan & Di Zerega, Inc. v. Bank of New York & Fifth Avenue Bank

Plaintiff has received $16,010 (without prejudice to its claim herein) by way of brokerage commissions for procuring a purchaser to whom real property in Brooklyn has been transferred by defendant. The purchase offer was presented to defendant in a letter, in which the amount of commissions to be paid to the broker was prescribed as follows: “ This offer is made subject to a brokerage commission payable to us in accordance with the terms suggested by the Real Estate Board of Brooklyn.” Sixteen thousand and ten dollars was the amount of plaintiff’s commission, at the rate approved by said…