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O'CONNOR REALTY SERVS., INC. v. HIGGINS

149 A.D.2d 492 (1989)

O'Connor Realty Services, Inc., Respondent, v. Patrick Higgins et al., Appellants

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

April 10, 1989

Ordered that the judgment is reversed, on the law, with costs, and the complaint is dismissed.

It is well settled that "in the absence of an agreement to the contrary, a real estate broker will be deemed to have earned his commission when he produces a buyer who is ready, willing and able to purchase at the terms set by the seller" (Lane — Real Estate Dept. Store v Lawlet Corp., 28 N.Y.2d 36, 42). However, a purchaser...

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