Legal Opinion
Rusciano Realty Services, Ltd. v. Griffler
New York Court of Appeals
Decided May 3, 1984PublishedCited by 33 opinions
APPEARANCES OF COUNSEL
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be reversed and a new trial granted.
Unless the parties have agreed otherwise, a real estate broker will be deemed to have earned his commission when he produces a purchaser who is not only ready and willing to purchase at the terms set by the seller, but able to do so as well. (Lane — Real Estate Dept. Store v Lawlet Corp., 28 NY2d 36, 42; Wagner v Derecktor, 306 NY 386, 390; Blackmore v Wigne Land Corp., 97 AD2d 889.) There being no agreement to the contrary in this case, it was error for the trial court in its…
2Cases cited3 opinions
- Lane — Real Estate Department Store, Inc. v. Lawlet Corp.New York Court of Appeals · 1971
- Wagner v. DerecktorNew York Court of Appeals · 1954
- Blackmore v. Wigne Land Corp.Appellate Division of the Supreme Court of the State of New York · 1983
3Cited by33 opinions
- Stiefvater Real Estate, Inc. v. James G. Hinsdale and Elizabeth M. HinsdaleCourt of Appeals for the Second Circuit · 1987
- Concordant Associates, Inc. v. SlutskyAppellate Division of the Supreme Court of the State of New York · 1984
- Saxon Capital Corp. v. Wilvin AssociatesAppellate Division of the Supreme Court of the State of New York · 1993
- Sopher v. MartinAppellate Division of the Supreme Court of the State of New York · 1997
- Blaufeux v. PaznikAppellate Division of the Supreme Court of the State of New York · 1990
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