Hared Realty Corp. v. Esikoff

—In an action to recover a real estate brokerage commission, the defendant appeals from an order of the Supreme Court, Queens County (Graci, J.), dated May 1, 1987, which denied his motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

Absent a written brokerage agreement between the plaintiffs, as broker, and the defendant, as seller, the rule of Graff v Billet (64 NY2d 899) is inapplicable (see, Feinberg Bros. Agency v Berted Realty Co., 70 NY2d 828, 830-831). The trial court correctly determined that there were triable issues of fact, inter…