Ordered that the order is reversed insofar as appealed from, on the law, with costs, and that branch of the defendant's motion which was for summary judgment dismissing the complaint is granted.
It is undisputed that the parties agreed that a commission was payable only upon closing or the passing of title to the plaintiff's proposed buyer, which event did not take place in this case. Accordingly, as a matter of law, no commission was earned and summary judgment should...
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