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CENTRAL CITY BROKERAGE CORP. v. ELYACHAR

40 A.D.3d 452 (2007)

837 N.Y.S.2d 30

CENTRAL CITY BROKERAGE CORP., Respondent-Appellant, v. RALPH ELYACHAR et al., Defendants, and RURADAN CORPORATION et al., Appellants-Respondents.

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

Decided May 22, 2007.

In the absence of an agreement to the contrary, a broker is deemed to have earned its commission when it produces a buyer who is ready, willing and financially able to purchase the property at the terms set by the seller (see Rusciano Realty Servs. v Griffler, 62 N.Y.2d 696 [1984]; Lane—Real Estate Dept. Store v Lawlet Corp., 28 N.Y.2d 36, 42 [1971]). Plaintiff claims a brokerage...

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