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BATTERY PARK REALTY, INC. v. DELAWARE, INC.

18 A.D.3d 680 (2005)

795 N.Y.S.2d 351

BATTERY PARK REALTY, INC., et al., Appellants, v. RKO DELAWARE, INC., et al., Respondents, et al., Defendants.

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

May 23, 2005.

Although it is generally the case that a real estate broker will be entitled to a commission when the broker produces a purchaser who is ready, willing, and able to purchase on the seller's term, "the broker's right to a commission may be varied by agreement" (Pantigo Realty v Estate of Schrenko, 249 A.D.2d 525, 525 [1998]; Cook/Pony Farm Real Estate v Spartan Enters., 157 A.D.2d 766 [1990...

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