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DWELLING QUEST CORP. v. GREATER NEW YORK SAV. BANK

246 A.D.2d 431 (1998)

668 N.Y.S.2d 33

Dwelling Quest Corp., Appellant, v. Greater New York Savings Bank et al., Respondents

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

January 20, 1998

While the writing prepared by plaintiff stating that its commission "shall only be due if [its prospect] completes and closes the transaction" was not signed by either party, and therefore does not constitute the parties' agreement, it certainly constitutes evidence of their agreement. We deem it conclusive in the absence of a credible explanation by plaintiff why it sent defendants a writing that did not reflect the agreement...

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