MAURICE B. CUNNINGHAM, INC. v. DENCKLA


96 A.D.2d 580 (1983)

Maurice B. Cunningham, Inc., Appellant, v. Katherine N. Denckla, Respondent

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

July 25, 1983


Judgment affirmed, with costs.

There was no meeting of the minds between the defendant (seller) and the prospective purchaser with respect to all the essential contract terms (i.e., defendant never agreed to the additional terms proposed by the prospective purchaser). Therefore, no agreement was reached and the plaintiff broker is not entitled to a brokerage commission (see Kaelin v Warner, 27 N.Y.2d 352; Arnold v Schmeidler...

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