From Casetext: Smarter Legal Research

Prime City Real Estate Co., Inc. v. Hardy

Appellate Division of the Supreme Court of New York, First Department
Dec 8, 1998
256 A.D.2d 80 (N.Y. App. Div. 1998)

Opinion

December 8, 1998

Appeal from the Supreme Court, New York County (Karla Moskowitz, J.).


In this action to recover a broker's commission for procuring a prospective buyer for defendants' real property, plaintiff adduced ample evidence that defendants and the prospective buyer (Wasserman) procured by plaintiff agreed that the property would be sold for $4.1 million in cash, on an "as is" basis, with a $410,000 deposit to be paid on execution of the contract, conditioned on Wasserman's verification of registration of rents and violations of record, which verification was carried out to Wasserman's satisfaction. The principals, accordingly, agreed on the essential terms of the transaction ( see, Mengel v. Lawrence, 276 App. Div. 180, 181-182; Glassman Assocs. v. Hallen Realty Corp., 37 Misc.2d 877, 879, affd 20 A.D.2d 759), and defendants' subsequent receipt of an offer of a higher price did not entitle them to avoid paying plaintiffs commission by refusing to negotiate the remaining details of the sale to Wasserman, thereby thwarting that transaction's natural progress ( Trylon Realty Corp. v. Di Martini, 34 N.Y.2d 899, 900, affg 40 A.D.2d 1029, 1030; Kirk Assocs. v. McDonald Equities, 155 A.D.2d 281, 281-282, lv denied 75 N.Y.2d 706). Wasserman's financial ability to consummate the transaction was established by his testimony concerning his assets and access to credit, substantiated by a financial statement setting forth his bank accounts, securities and real estate holdings ( see, Siegel v. Liese, 23 A.D.2d 425, 426-427, affd 18 N.Y.2d 930; Globerman v. Lederer, 281 App. Div. 39, 42-43).

Concur — Milonas, J. P., Nardelli, Williams, Tom and Andrias, JJ.


Summaries of

Prime City Real Estate Co., Inc. v. Hardy

Appellate Division of the Supreme Court of New York, First Department
Dec 8, 1998
256 A.D.2d 80 (N.Y. App. Div. 1998)
Case details for

Prime City Real Estate Co., Inc. v. Hardy

Case Details

Full title:PRIME CITY REAL ESTATE Co., INC., Respondent, v. STEVE C. HARDY, as…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Dec 8, 1998

Citations

256 A.D.2d 80 (N.Y. App. Div. 1998)
681 N.Y.S.2d 245

Citing Cases

Eastern Consol. Props., Inc. v. Lucas

It is well established that a seller becomes liable to a broker that it has employed when the broker procures…

Eretz Realty, Ltd. v. Falcone Realty Corp.

Conclusions of LawIt is well established that under the common law, a seller becomes liable to a broker that…