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SROUR v. DWELLING QUEST CORP.

5 N.Y.3d 874 (2005)

842 N.E.2d 13

808 N.Y.S.2d 128

MARCO SROUR, Appellant, v. DWELLING QUEST CORP., Respondent.

Court of Appeals of the State of New York.

Decided November 22, 2005.

Attorney(s) appearing for the Case

Law Offices of Steven M. Nachman, New York City (Steven M. Nachman of counsel), for appellant.

Frederic Walker, New York City, for respondent.

Before: Chief Judge KAYE and Judges G.B. SMITH, CIPARICK, ROSENBLATT, GRAFFEO, READ and R.S. SMITH concur in memorandum.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be reversed, with costs, and the order of the Appellate Term reinstated. The certified question should not be answered upon the ground that it is unnecessary.

Although the common-law rule is that "a broker who produces a person ready and willing to enter into a contract upon his employer's terms . . . has earned his commissions,...

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