LANGFAN v. WALZER


17 A.D.2d 131 (1962)

William K. Langfan, Respondent, v. S. Michael Walzer, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

October 9, 1962.


Attorney(s) appearing for the Case

Mannis Neumann of counsel (Newman, Aronson & Neumann, attorneys), for appellant.

Herbert Frutkin of counsel (Louis B. Frutkin with him on the brief), for respondent.

RABIN, J. P., VALENTE, McNALLY, EAGER and STEUER, JJ., concur.


Per Curiam.

Defendant appeals from an order denying his motion for summary judgment. The action is by a real estate broker against the owner of property for damages for failure to pay plaintiff commissions after plaintiff produced a buyer ready, willing and able to buy the property on the terms given by the defendant. Plaintiff concedes that he executed an agreement, containing the following language:

"(b) In the event the Purchaser shall refuse to...

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