MAURICE B. CUNNINGHAM, INC. v. NUGENT ST. CORP.


202 A.D.2d 649 (1994)

610 N.Y.S.2d 839

Maurice B. Cunningham, Inc., Respondent, v. Nugent Street Corp. et al., Appellants

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

March 28, 1994


Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.

The brokerage agreement here provides for payment of a broker's commission "if and when title passes". "[S]ince no deal between the prospective purchaser and the seller ever materialized in legal, written form, the seller could not be in default of the broker's agreement and was free until then to negotiate with other prospective purchasers without becoming...

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