GRAFF v. BILLET


64 N.Y.2d 899 (1985)

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

Court of Appeals of the State of New York.

Decided February 14, 1985.


Attorney(s) appearing for the Case

Stephen R. Angel for appellant.

Michael J. Kopcsak for respondent.

John T. DeGraff, Jr., Michael T. Wallender and Nancy L. Girard for New York State Association of Realtors, Inc., amicus curiae.

Chief Judge WACHTLER and Judges JASEN, SIMONS and ALEXANDER concur; Judge KAYE dissents and votes to reverse in an opinion in which Judge MEYER concurs.


MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs, for reasons stated in that court's Per Curiam opinion. We would only note the following.

The dissent relies upon the rule that where the sale fails due to the seller's fault or default, a broker is entitled to the commission unless the parties clearly intend otherwise. Their reliance is misplaced. The rule is inapplicable where, as here...

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