KAPLON-BELO ASSOCIATES, INC. v. McKESSON CORP.


279 A.D.2d 554 (2001)

719 N.Y.S.2d 606

KAPLON-BELO ASSOCIATES, INC., Appellant, v. McKESSON CORP. et al., Respondents.

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

Decided January 22, 2001.


Ordered that the order is affirmed insofar as appealed from, with costs.

The parties to the brokerage agreement at issue agreed that no commission would be due if the sale was not consummated and title did not transfer. Although the plaintiff produced a prospective buyer for the purchase of commercial property, no contract of sale was ever executed. Therefore, the plaintiff is not entitled to recover a commission (see...

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