LAZAR v. ROBERTS


115 Misc.2d 360 (1982)

Marvin Lazar, Doing Business as L & S Real Estate Associates, Plaintiff, v. Keith Roberts et al., Defendants.

Civil Court of the City of New York, Special Term, New York County.

June 23, 1982


Attorney(s) appearing for the Case

Stanley Alter, P. C. (Bruce N. Lederman of counsel), for plaintiff. Bebell & Krieger for defendants.


DAVID B. SAXE, J.

The principal issue that I must resolve in this case is the following: May a real estate broker's summary judgment motion for earned commissions resulting from its efforts in procuring a purchaser for defendants' co-operative apartment be defeated by allegations by the defendants sellers that they did not receive an adequate price. This issue assumes unusual importance in New York City's volatile co-operative housing market.

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