Plaintiff relies on the well-settled common-law rule that a broker who "produces a person ready and willing to enter into a contract upon his employer's terms ... has earned his commissions," even if no contract is ever signed (Tanenbaum v Boehm, 202 N.Y. 293, 299 [1911]). However, "parties to a brokerage agreement are free to add whatever conditions they may wish to their agreement, including a condition that the contract of sale actually be consummated before the...
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