Interactive Properties Corp. v. Blue Cross & Blue Shield

OPINION OF THE COURT

Richard S. Lane, J.

In this action for brokerage commissions the parties both move for summary judgment.

It is uncontroverted that plaintiff introduced to defendant an interested potential purchaser who eventually entered into a written agreement for the purchase of defendant’s building. The agreement memorialized plaintiff’s role as broker and defendant’s obligation to pay comihissions. The agreement also contained a provision that, in the event of the purchaser’s default, defendant’s sole remedy would be the retention of the purchaser’s down payment or payments as…