Turgman v. Mm World Entertainment, LLC

SCHWARTZ, Senior Judge.

This is an appeal by the seller from an adverse summary judgment in favor of a real estate broker in an action for a commission which was deemed earned as a matter of law notwithstanding that (1) the deal did not close and (2) the commission agreement — prepared by the broker himself — provided that

[i]n case of transaction will be realized between Prospective Seller and Prospective Purchaser, Agent will be entitled and shall receive a commission of 4% from the total amount of the Purchase Agreement by the Prospective Seller.

(emphasis added). We reverse.

At least, the…