Legal Opinion
R.L. Friedland Realty, Inc. v. Modern Cabinets Corp.
Appellate Division of the Supreme Court of the State of New York
Decided June 14, 1993PublishedCited by 3 opinions
1Opinion of the Court
—In an action to recover a real estate brokerage commission, the *658plaintiff appeals from a judgment of the Supreme Court, Westchester County (Silberman, J.H.O.), entered August 27, 1990, which, after a nonjury trial, is in favor of the defendants and against it dismissing the complaint.
Ordered that the judgment is affirmed, with costs.
The plaintiff’s brokerage agreement, in relevant part, provided for the payment of a real estate broker’s commission "upon passing of title”. In order to be entitled to a money judgment against the defendants, notwithstanding that title never passed, the…
2Cases cited2 opinions
- Lane — Real Estate Department Store, Inc. v. Lawlet Corp.New York Court of Appeals · 1971
- North Site Realty Corp. v. WalshAppellate Division of the Supreme Court of the State of New York · 1987
3Cited by3 opinions
- Thomas J. Hayes & Associates, L. L. C. v. Island Jeep Eagle, Inc.Appellate Division of the Supreme Court of the State of New York · 1999
- Levy v. FriedmanAppellate Division of the Supreme Court of the State of New York · 1995
- CS Empire Realty, LLC v. HussainAppellate Division of the Supreme Court of the State of New York · 2017