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AA FRONTIER v. SILVERMAN

1 Misc.3d 1 (2003)

764 N.Y.S.2d 303

AA FRONTIER INC., Doing Business as REMAX FRONTIER, et al., Appellants, v. MILTON SILVERMAN et al., Respondents.

Supreme Court, Appellate Term, Second Department.

July 18, 2003.

Attorney(s) appearing for the Case

Ciccarone Ma & Associates, LLC, New York City (Lilin M. Ciccarone of counsel), for appellants.

Susan M. Silverman, Bayside, for respondents.

ARONIN, J.P., and RIOS, J., concur; PATTERSON, J., dissents in a separate memorandum.

OPINION OF THE COURT

MEMORANDUM.

Order affirmed without costs.

The entitlement to a brokerage commission is generally not conditioned upon the performance of a contract for the sale of real estate, although the parties may provide otherwise by agreement (see Levy v Lacey, 22 N.Y.2d 271 [1968]). If, however, there is no agreement indicating when the commission is earned, such commission will be considered...

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