Stutzmann Realty, Inc. v. Petralia

In an action to recover a broker’s commission allegedly due, the defendant appeals from an order of the Supreme Court, Nassau County (Murphy, J.), dated December 16, 1988, which denied her motion for summary judgment dismissing the complaint.

Ordered that the order is reversed, on the law, with costs, the motion for summary judgment is granted and the complaint is dismissed.

*995On September 2, 1986, the defendant seller contracted to sell her home to a purchaser procured by the plaintiff broker. On the same date the seller and broker executed a brokerage commission agreement which provided that…