Blaney Brokerage Corp. v. Wuster

Appellate Division of the Supreme Court of New York

Blaney Brokerage Corp. v. Wuster

138 A.D.2d 439, 526 N.Y.S.2d 405, 1988 N.Y. App. Div. LEXIS 2800

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMarch 14, 1988

StatusPublished

This text of 138 A.D.2d 439 (Blaney Brokerage Corp. v. Wuster) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Blaney Brokerage Corp. v. Wuster, 138 A.D.2d 439, 526 N.Y.S.2d 405, 1988 N.Y. App. Div. LEXIS 2800 (N.Y. Ct. App. 1988).

Pincite

Opinion

In an action to recover a brokerage commission, the defendants appeal, as limited by their brief, from so much of an order of the Supreme Court, Suffolk County (Cannavo, J.), dated August 21, 1986, as denied their motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed insofar as appealed from, with costs.

Whether the defendants’ motion is viewed as one pursuant to CPLR 3211 or 3212, dismissal of the complaint was properly denied. The defendants have not established, as a matter of law, that the plaintiffs commission was contingent upon the closing of title with the potential buyer. Mangano, J. P., Kunzeman, Rubin, Kooper and Harwood, JJ., concur.

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In an action to recover a brokerage commission, the defendants appeal, as limited by their brief, from so much of an order of the Supreme Court, Suffolk County (Cannavo, J.), dated August 21, 1986, as denied their motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed insofar as appealed from, with costs.

Whether the defendants’ motion is viewed as one pursuant to CPLR 3211 or 3212, dismissal of the complaint was properly denied. The defendants have not established, as a matter of law, that the plaintiffs commission was contingent upon the closing of title with the potential buyer. Mangano, J. P., Kunzeman, Rubin, Kooper and Harwood, JJ., concur.

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Bluebook (online)

138 A.D.2d 439, 526 N.Y.S.2d 405, 1988 N.Y. App. Div. LEXIS 2800, Counsel Stack Legal Research, https://law.counselstack.com/opinion/blaney-brokerage-corp-v-wuster-nyappdiv-1988.