Kaplon-Belo Associates, Inc. v. Tae Hee Kim

— In an action to recover a real estate brokerage commission, the defendant appeals from a judgment of the Supreme Court, Kings County (I. Aronin, J.), dated February 22, 1988, which, after a nonjury trial, is in favor of the plaintiff and against him in the principal sum of $108,500.

Ordered that the judgment is affirmed, with costs.

*414“Where ’a promisor himself is the cause of the failure of performance of a condition upon which his own liability depends, he cannot take advantage of the failure’ (Aimes v Wesnofski, 255 NY 156, 162)” (Rappoport v Sabbeth, 134 AD2d 419, 420). Thus, even assuming,…