Langfan v. Walzer

The plaintiff, a licensed real estate broker, sues in quantum meruit to recover a commission assertedly earned in procuring a purchaser for property owned by the defendant. The latter defends on the ground that the plaintiff, at the time he was employed, agreed that he would not be entitled to any commission until and unless a contract of sale was signed and a sale consummated. Belying upon a subsequently executed written brokerage agreement to that effect, the defendant moved for summary judgment dismissing the complaint. The motion, denied at Special Term, was granted by the Appellate…