Legal Opinion
Hecht v. Meller
New York Court of Appeals
Decided November 27, 1968PublishedCited by 38 opinions
1Opinion of the CourtKeating, J.
This appeal presents a question of first impression: Is a real estate broker entitled to commissions on the sale of real property if the purchaser asserts a statutory privilege to rescind the contract of sale because the property has been substantially destroyed by fire after the contract was executed, but before the buyer took title or possession?
The present action was submitted to the Supreme Court, Westchester County, upon an agreed statement of facts (CPLR 3222). Special Term found the seller liable for the agreed brokerage commissions. The Appellate Division, Second Department, reversed,…
2Cases cited10 opinions
- Gilder v. . DavisNew York Court of Appeals · 1893
- Wagner v. DerecktorNew York Court of Appeals · 1954
- Colvin v. . Post Mortgage Land Co.New York Court of Appeals · 1919
- Sewell v. . UnderhillNew York Court of Appeals · 1910
- Reife v. OsmersNew York Court of Appeals · 1929
5 more not listed; retrieve them via the Exa API.
3Cited by38 opinions
- Stiefvater Real Estate, Inc. v. James G. Hinsdale and Elizabeth M. HinsdaleCourt of Appeals for the Second Circuit · 1987
- Williamson, Picket, Gross, Inc. v. HirschfeldAppellate Division of the Supreme Court of the State of New York · 1983
- Graff v. BilletAppellate Division of the Supreme Court of the State of New York · 1984
- Lucenti v. Cayuga Apartments, Inc.New York Court of Appeals · 1979
- Corcoran Group, Inc. v. MorrisAppellate Division of the Supreme Court of the State of New York · 1985
33 more not listed; retrieve them via the Exa API.