Roberts v. H. Gin Realty Corp.

Order, Supreme Court, New York County (David B. Saxe, J.), entered June 12, 1991, which granted defendants’ motion for summary judgment dismissing the complaint, unanimously reversed, on the law, and the motion denied, with costs.

In this action to recover a real estate broker’s commission, there are questions of fact presented as to the financial ability of the prospective buyer, Strategic Economics, to complete the transaction and the seller’s lack of bad faith in withdrawing the property from the market shortly after the purchase terms were agreed to. Indeed, there is some question as to…