HECHT v. MELLER


23 N.Y.2d 301 (1968)

Helen Hecht, Appellant, v. S. Herbert Meller et al., Respondents.

Court of Appeals of the State of New York.

Decided November 27, 1968.


Attorney(s) appearing for the Case

Hunter Meighan, G. Kenneth Brown and Jefferson D. Meighan for appellant.

Charles Burton and Martin J. Rosen for respondents.

Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN, BREITEL and JASEN concur.


KEATING, J.

This appeal presents a question of first impression: Is a real estate broker entitled to commissions on the sale of real property if the purchaser asserts a statutory privilege to rescind the contract of sale because the property has been substantially destroyed by fire after the contract was executed, but before the buyer took title or possession?

The present action was submitted to the Supreme...

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