BRENHOUSE v. SHAH REALTY CORPORATION

ORDERED that the order is affirmed, with costs.

To recover a real estate broker's commission on an unclosed transaction, the plaintiff must establish that he or she procured a prospect who was ready, willing, and able to purchase on the seller's terms (see, Sopher v. Martin, 243 A.D.2d 459 ; Mecox Realty Corp. v. Rose, 202 A.D.2d 404 ).

Here, once the defendant established a prima facie case, the plaintiff was required to lay bare his proof and present evidence in admissible form sufficient to raise a triable issue of fact that a ready, willing, and able buyer existed (see, Russo v. Pergament Home Center, Inc., 266 A.D.2d 369 [2d Dept, Nov. 15, 1999]). The plaintiff failed to meet this burden.