Rosenberg v. Refco Facilities Corp.

This is an action 'brought to recover brokerage commissions. The agreement provided that a commission of $5,000 would be payable if two conditions occurred: first, that pending litigation be determined in favor of defendant, and, second, that defendant be permitted to construct a multiple dwelling ‘ ‘ in accordance with plans submitted. ’ As there was a favorable determination of the lawsuit, the liability to pay the commission became singularly contingent upon the second condition.

Since performance of this contingency was thwarted by the City of Yonkers’ refusal to accept the plans as…