Phufas v. Cornerstone New York Muni Fund, Inc.

*324Order, Supreme Court, New York County (Karla Moskowitz, J.), entered October 24, 2003, which granted defendants’ motion to dismiss on the basis of documentary evidence, unanimously modified, on the law, to the extent of denying the motion with respect to the third cause of action for quantum meruit, reinstating that cause of action, and otherwise affirmed, without costs.

The clear and unambiguous language of the brokerage agreement provided that plaintiff would earn a commission “only if, as and when and not unless and until” the following occurred: (1) a written contract of sale satisfactory…