Century 21—Clifford Realty, Inc. v. Gibson

OPINION OF THE COURT

Pine, J.

Marguerite Gibson gave plaintiff an exclusive right to sell *447certain commercial property in a listing agreement running for one year from April 9, 1984. The agreement included terms for a lease as well as for sale. During the listing period, in October 1984, the owner entered into a five-year lease with an option to purchase with Genuine Auto Parts, Inc. (Genuine). The option was exercised during its second year, in December 1986, and the premises were purchased by an assignee of Genuine.

Plaintiif broker sought a commission on the sale. After a nonjury trial Supreme…