O'BRIEN v. Kawazoye

This cause of action arises out of a suit for specific performance of a real estate contract entered into between plaintiff-purchaser (O’Brien) and defendant-sellers. Plaintiff amended his claim for specific performance to one for damages and then moved for summary judgment. Kaplan and Associates (Kaplan) intervened, seeking a sales commission pursuant to an exclusive listing agreement and moved also for summary judgment. Both motions were granted, and this appeal challenges the propriety of these rulings. The facts are essentially as follows.

On May 9, 1972, defendants entered into an…