WESLEY D. MILLER REALTY CORP. v. CARPENTER


41 A.D.2d 564 (1973)

Wesley D. Miller Realty Corp., Respondent, v. Anthony Carpenter et al., Appellants

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

January 22, 1973


Order reversed, on the law, with $10 costs and disbursements, motion granted, and complaint dismissed, without prejudice to an application by plaintiff at Special Term for leave to replead (CPLR 3211, subd. [e]).

A plaintiff seeking to recover real estate brokerage fees based upon a nonexclusive listing must allege in his complaint that he procured a purchaser for the subject property who was ready, willing and able to buy...

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