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SAGEGROUP ASSOCS., INC. v. DOMINION TEXTILE (USA), INC.

244 A.D.2d 281 (1997)

665 N.Y.S.2d 407

Sagegroup Associates, Inc., Appellant, v. Dominion Textile (USA), Inc., et al., Respondents

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

November 25, 1997

The IAS Court held that the landlord's refusal to consent to the proposed sublease rendered the prospective sublessor unable to sublease the premises, and that a necessary element to the broker's right to a commission was therefore not satisfied. This was incorrect. The "able" prong of the ready, willing and able test referred to the prospective sublessee's financial ability (see, Rusciano Realty Servs. v Griffler...

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