Crifasi Real Estate, Inc. v. Harv Enterprises, Inc.

In an action, inter alia, to recover a brokerage commission, the plaintiff appeals from an order of the Supreme Court, Queens County (Elliot, J.), dated January 7, 2008, which granted the defendant’s motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

“To recover a commission, a real estate broker must estab*803lish, inter alia, that it procured a purchaser ready, willing, and able to buy the subject property on the terms set by the seller” (Hampton Country Real Estate v Rizzo, 305 AD2d 458, 459 [2003]). “[M]ere agreement as to price on a proposed…