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PANTIGO REALTY, INC. v. ESTATE OF STEVEN SCHRENKO

249 A.D.2d 525 (1998)

672 N.Y.S.2d 369

Pantigo Realty, Inc., Respondent, v. Estate of Steven Schrenko et al., Appellants

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

April 27, 1998

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

Although as a general rule a real estate broker will be deemed to have earned a commission when the broker produces a purchaser who is ready, willing, and able to purchase the property on terms acceptable to the seller, the broker's right to a commission may be varied by agreement (see, Sauerhoff-Kessler Realty Corp. v Roma Shopping Plaza

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