First New York Realty Co. v. Ring

—Judgment, Supreme Court, New York County (Edward Lehner, J.), entered May 23, 2001, which, upon a jury verdict, awarded plaintiff $58,543.13 plus interest and costs, unanimously reversed, on the law, without costs, and the matter remanded for a new trial.

Plaintiff, a real estate broker, seeks to recover a commission for procuring a tenant for defendants’ commercial space. One of the defenses defendants raised was that, under the parties’ oral agreement, the tenant’s prior payment of the rent due under the lease was a condition precedent to defendants’ obligation to pay each installment of…