MATTER OF WALKER v. PARK WEST REALTY


230 A.D.2d 915 (1996)

646 N.Y.S.2d 877

In the Matter of Sharon Walker, Respondent, v. Park West Realty, Appellant

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

August 26, 1996


Ordered that the order is reversed, on the law, with costs, the petition is denied, and the proceeding is dismissed.

The petitioner owned certain real property in Brooklyn. On February 2, 1995, she entered into a contract with the appellant, a real estate broker, whereby the broker was to try to find a buyer for the seller's property. The contract provided that "[n]o commission shall be due if the sale fails to close for any reason whatsoever, except [the seller's...

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