HELMSLEY-SPEAR, INC. v. KUPFERSCHMID


301 A.D.2d 442 (2003)

752 N.Y.S.2d 884

HELMSLEY-SPEAR, INC., Appellant, v. LAWRENCE KUPFERSCHMID, Respondent, et al., Defendant.

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

Decided January 21, 2003.


Since the sale of the subject property and plaintiff broker's entitlement to a commission thereon were contingent upon the satisfaction of a condition which went unsatisfied through no fault of defendant Lawrence Kupferschmid, summary judgment dismissing the complaint against Lawrence Kupferschmid was proper (compare Carnegie v Abrams, 37 A.D.2d 327 and Heelan Realty & Dev. Corp. v Skyview Meadows Dev. Corp.,

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