Caryl v. Greenwald

This motion to dismiss the complaint for failure to state facts sufficient to constitute a cause of action is granted.

The plaintiff, a real estate broker, was allegedly employed by the owner of certain property to procure a purchaser. It was agreed that brokerage commissions would be paid by the owner “ if and when title closes.” The defendants are the purchasers. After executing a written agreement with sellers, defendants refused to complete the purchase.

Plaintiff does not allege that the defendants ever expressly or impliedly agreed to employ her or to pay her a commission for her…