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RUSCIANO REALTY SERVS., LTD. v. GRIFFLER

62 N.Y.2d 696 (1984)

Rusciano Realty Services, Ltd., Respondent, v. Irving Griffler, Doing Business as S & S Griffler, Appellant.

Court of Appeals of the State of New York.

Decided May 3, 1984.

Attorney(s) appearing for the Case

Michael B. Golden for appellant.

Michael Rikon for respondent.

Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, MEYER, SIMONS and KAYE concur.

MEMORANDUM.

The order of the Appellate Division should be reversed and a new trial granted.

Unless the parties have agreed otherwise, a real estate broker will be deemed to have earned his commission when he produces a purchaser who is not only ready and willing to purchase at the terms set by the seller, but able to do so as well. (Lane — Real Estate Dept. Store v Lawlet Corp., 28 N...

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