Liggett Realtors, Inc. v. Gresham

Order, Supreme Court, New York County (Barbara R. Kapnick, J.), entered December 30, 2005, which denied plaintiffs’ motion for summary judgment and granted defendant’s cross motion to dismiss the complaint, unanimously affirmed, with costs.

Although a real estate broker is generally entitled to a commission when it produces a buyer who is ready, willing and able to purchase on the seller’s terms, “the broker’s right to a commission may be varied by agreement” (Pantigo Realty v Estate of Schrenko, 249 AD2d 525, 525 [1998]). Here, the brokerage agreement unambiguously provided for payment of the…