Hunt Real Estate Corp. v. Smallidge

The issue, on motion pursuant to CPLB 3212 (subd. [e]) for a partial summary judgment, is whether an option to purchase if later exercised has the same effect with respect to commissions due to a real estate broker as an actual sale, when given by the owners of the real property during the period of an exclusive listing of their property for sale with a broker.

The defendant Cedrick F. Smallidge who jointly with his wife Florence Smallidge owned the premises known as the Pleasant View Golf Course in Lancaster, New York, gave the plaintiff herein an exclusive listing to sell the golf course at…