Legal Opinion

Pearce, Urstadt, Mayer & Greer Realty Corp. v. Atrium Development Associates

New York Court of Appeals

Decided March 27, 1991PublishedCited by 9 opinions

1Opinion of the Court

*492OPINION OF THE COURT

Bellacosa, J.

Plaintiff Pearce, Urstadt, Mayer & Greer Realty Corp. (PUMG) procured a construction loan commitment for defendant Atrium Development Associates (Atrium) and now sues to recover its claimed brokerage commission. PUMG argues that Atrium’s abandonment of the entire development project and consequent failure to close on the loan commitment because it did not need the proceeds constituted a "willful default” within the meaning of the brokerage agreement between them and that this triggered PUMG’s entitlement to its quarter of a million dollar commission. We hold…

2Cases cited2 opinions

  1. Graff v. BilletNew York Court of Appeals · 1985
  2. Midland Mortgagee Corp. v. KazarnovskyAppellate Division of the Supreme Court of the State of New York · 1987

3Cited by9 opinions

  1. Net2Globe Intern., Inc. v. Time Warner Telecom of NYDistrict Court, S.D. New York · 2003
  2. Matter of RicondaNew York Court of Appeals · 1997
  3. EASTERN CONSOLIDATED PROPERTIES, INC. v. Adelaide Realty Corp.New York Court of Appeals · 2000
  4. Devine Real Estate, Inc. v. BrennanAppellate Division of the Supreme Court of the State of New York · 2007
  5. AngioDynamics, Inc. v. Biolitec, Inc.District Court, N.D. New York · 2009

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