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GRAFF v. BILLET

101 A.D.2d 355 (1984)

Guy Graff, Doing Business as South Fork Realty, Respondent, v. Marvin Billet, Appellant

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

May 7, 1984

Attorney(s) appearing for the Case

Tucker, Gellman & Mulderig, P. C. (Michael J. Kopcsak of counsel), for appellant.

Esseks, Hefter, Cuddy & Angel (Stephen R. Angel of counsel), for respondent.

THOMPSON, O'CONNOR and BROWN, JJ., concur; LAZER, J. P., dissents and votes to affirm the judgment, with an opinion.

Per Curiam.

In March, 1981, the plaintiff broker showed a prospective purchaser a vacant parcel of land listed with him by the defendant seller. The broker subsequently drew up an agreement under which, inter alia, he would earn a commission for selling the parcel of land "as, if and when title passes, except for willful default on the part of the seller". The seller does not dispute the terms of this agreement. Before closing of title and before any...

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