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PEARCE, URSTADT v. ATRIUM DEV

77 N.Y.2d 490 (1991)

Pearce, Urstadt, Mayer & Greer Realty Corp., Respondent, v. Atrium Development Associates et al., Defendants, and Vlastimil Koubek, Appellant.

Court of Appeals of the State of New York.

Decided March 27, 1991.

Attorney(s) appearing for the Case

Douglas B. Mishkin and Warren K. Kaplan, of the District of Columbia Bar, admitted pro hac vice, and Susan L. Sommer for appellant.

Mark L. Kalish for respondent.

Chief Judge WACHTLER and Judges SIMONS and HANCOCK, JR., concur with Judge BELLACOSA; Judge KAYE dissents and votes to affirm in a separate opinion in which Judges ALEXANDER and TITONE concur.

BELLACOSA, J.

Plaintiff Pearce, Urstadt, Mayer & Greer Realty Corp. (PUMG) procured a construction loan commitment for defendant Atrium Development Associates (Atrium) and now sues to recover its claimed brokerage commission. PUMG argues that Atrium's abandonment of the entire development project and consequent failure to close on the loan commitment because it did not need the proceeds constituted a "willful...

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