Stern v. Gepo Realty Corp.

This action was brought to recover a brokerage commission from a vendor of real property whose title was rejected at the closing as unmarketable. In a previous suit wherein the vendee sought to recover the amount of his down payment from the defendant vendor, this court affirmed a determination in favor of the vendee which held that the vendor’s title had been properly rejected. (Gepo Realty Corp. v. Pierce, 286 N. Y. 641.) The present case comes here upon two certified questions, first, the sufficiency of the complaint, and, second, should defendant’s motion for summary judgment and for…