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

Appellate Division of the Supreme Court of the State of New York·Decided March 14, 1988·Published

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.

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).

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138 A.D.2d 439 (Blaney Brokerage Corp. v. Wuster) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.