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TRYLON REALTY CORP. v. DI MARTINI

34 N.Y.2d 899 (1974)

Trylon Realty Corp., Respondent, v. Nicholas Di Martini, Appellant, et al., Defendant.

Court of Appeals of the State of New York.

Decided June 27, 1974.

Attorney(s) appearing for the Case

Abraham Reingold for appellant.

William A. Ackerman and Leslie J. Levine for respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER and STEVENS concur; Judge RABIN taking no part.

MEMORANDUM.

The general rule is that no broker's commission is earned until the buyer and seller have reached a meeting of the minds with respect to the essential terms of the sale (Kaelin v. Warner, 27 N.Y.2d 352). The exception to this rule here applicable is that the seller may not avoid payment of the commission when the transaction is terminated by his failure to perform a condition...

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