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J.I. KISLAK REALTY CORP. v. 6051 BLVD. E. CORP.

192 N.J. Super. 280 (1983)

469 A.2d 959

J.I. KISLAK REALTY CORPORATION, PLAINTIFF-RESPONDENT, v. 6051 BOULEVARD EAST CORPORATION, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided December 21, 1983.

Attorney(s) appearing for the Case

Jeffrey A. Lester argued the cause for appellant (Braverman & Lester, attorneys; Jeffrey A. Lester on the brief).

Frederick M. Testa argued the cause for respondent.

Before Judges BISCHOFF and BRODY.

The opinion of the court was delivered by BRODY, J.A.D.

Plaintiff-broker obtained a summary judgment in the amount of $18,000, its commission on the sale of defendant's property. The sale never closed. In a certification, one of plaintiff's salesmen stated that "defendant refused to complete the sale and cancelled the scheduled closing." If the failure to close was defendant's fault, defendant must pay the commission. Ellsworth Dobbs, Inc. v. Johnson,

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