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FOGEL v. FRED ROB REALTY INC.

204 A.D.2d 135 (1994)

612 N.Y.S.2d 858

Lee M. Fogel, Individually and Doing Business as Lee M. Fogel Company, Respondent, v. Fred Rob Realty Inc., Appellant

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

May 12, 1994

Plaintiff broker established that he produced a prospective buyer ready, willing and able to purchase the property at the terms set by defendant seller, and that he is therefore entitled to his commission (O'Connor Realty Servs. v Higgins, 149 A.D.2d 492). The testimony of plaintiff and his employee was sufficient to show a meeting of the minds concerning the price and financing terms. Defendant did not controvert the buyer's testimony...

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