EASTERN CONSOLIDATED PROPERTIES, INC. v. LUCAS


285 A.D.2d 421 (2001)

729 N.Y.S.2d 11

EASTERN CONSOLIDATED PROPERTIES, INC., Appellant, v. PETER B. LUCAS et al., Respondents, et al., Defendants.

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

Decided July 26, 2001.


It is well settled that to assert a cause of action to recover a broker's commission, a plaintiff must allege that, pursuant to an existing commission agreement, it procured a ready, willing and able purchaser at the price and terms of the seller (see, Feinberg Bros. Agency v Berted Realty Co., 70 N.Y.2d 828, 830; Tanenbaum v Boehm, 202 N.Y. 293, 299; Prime City Real Estate Co. v Hardy, 256 A.D.2d 80...

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