Ordered that the order dated January 31, 2002, is reversed, on the law, with costs, the order of the City Court, entered April 27, 2001, is reversed, the motion is granted, and the complaint is dismissed.
The plaintiff real estate broker commenced this action against the defendant seller to recover a commission. A written brokerage contract between the parties provided, inter alia, that a "commission shall be due and payable when, as and if
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