Levy v. Friedman

Order, Supreme Court, New York County (Beatrice Shainswit, J.), entered April 13, 1994, which granted defendants’ motion for summary judgment dismissing plaintiff’s complaint, unanimously affirmed, with costs.

Plaintiff’s right to real estate brokerage commissions was defined by the terms of the May 25, 1993 brokerage agreement (Tankers Intl. Nav. Corp. v National Shipping & Trading Corp., 116 AD2d 40, 43; see also, Schlesinger & Co. v Delson & Gordon, 184 AD2d 393, lv denied 80 NY2d 761), which provided that plaintiff’s commission "will not be deemed earned or due or payable until and unless…