PHUFAS v. CORNERSTONE NEW YORK MUNI FUND, INC.


9 A.D.3d 323 (2004)

781 N.Y.S.2d 66

JOHN M. PHUFAS, Appellant, v. CORNERSTONE NEW YORK MUNI FUND, INC., et al., Respondents.

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

July 22, 2004.


The clear and unambiguous language of the brokerage agreement provided that plaintiff would earn a commission "only if, as and when and not unless and until" the following occurred: (1) a written contract of sale satisfactory to the seller, fully executed and conditionally delivered to the parties thereto, (2) a closing of the sale, delivery of the deed and acceptance by the purchaser, and (3) the seller's receipt of the aggregate price pursuant to the contract. The parties...

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