COLLINS TUTTLE & CO., INC. v. AUSNIT


95 A.D.2d 668 (1983)

Collins Tuttle & Company, Inc., Appellant, v. Peter Ausnit, Respondent

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

June 7, 1983


Defendant is the principal of certain corporate owners of a block of real property located in midtown Manhattan. On March 11, 1980 defendant engaged plaintiff as broker for said properties, with the specific provision in their written agreement that plaintiff's "commission shall not be earned upon execution of a contract of sale [but shall be] earned and payable when the purchaser takes title to the property and be paid out of the proceeds of such sale." The brokerage agreement...

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