CUSHMAN v. DOLLAR LAND CORP.


36 N.Y.2d 490 (1975)

Cushman & Wakefield, Inc., Respondent, v. Dollar Land Corporation Limited (US) et al., Appellants.

Court of Appeals of the State of New York.

Decided May 5, 1975.


Attorney(s) appearing for the Case

Lawrence W. Boes, Dennis C. Cronin and Douglas P. Catalano for appellants.

Meyer K. Sanoff for respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, WACHTLER, FUCHSBERG and COOKE concur.


JONES, J.

Corporate sellers were initially prevented from closing title under a real estate sales contract by an injunction obtained at the instance of dissident stockholders. We hold, in what appears to be a case of first impression, that the corporate sellers are not thereby excused from payment of real estate brokerage commissions due on such closing where the dissident stockholders shortly thereafter obtained...

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