SUTTON v. EAST RIVER SAV. BANK


83 A.D.2d 801 (1981)

Albert L. Sutton, as Executor of Leon A. Sutton, Deceased, Appellant, v. East River Savings Bank et al., Respondents, et al., Defendants

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

August 6, 1981


Defendant bank held a first mortgage which was in default on a commercial building. The deceased, a licensed real estate broker, introduced McDonald's Corporation to the bank as a prospective purchaser of the mortgage or the fee. A letter agreement was executed which provides in pertinent part, "My commission for the sale of the property or for the assignment of your mortgage to McDonald Corporation [or its nominee] shall be $10,000.00 to be due at the time of title closing...

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