Plaintiff, a licensed real estate broker, entered into a series of listing agreements with defendant Herald Square Village, Inc. (hereinafter defendant) granting her the exclusive right to sell building lots in defendant's development in the Town of Queensbury, Warren County, from July 15, 1992 to July 15, 1993. Thereafter, on October 5, 1992, defendant procured memoranda of agreement from three buyers. Pursuant to the terms of each agreement, the buyers agreed to pay defendant $5,000 to take a specific lot in the development off the market for their subsequent purchase in 1994. Specifically, the buyers agreed that they would execute a construction contract with defendant no later than July 1, 1994 and commence construction no later than October 1, 1994. Although it is undisputed that the buyers thereafter fulfilled their obligations under the respective memorandums of agreement, defendant refused to pay plaintiff a commission for these sales, prompting plaintiff to commence this action. Following joinder of issue, plaintiff moved for and was granted partial summary judgment against defendant. This appeal by defendant ensued.
Appellate Division of the Supreme Court of New York, Third Department. (11 Dec, 1997)
This is a paid feature.
Please subscribe to download the judgment.
Size = Directly proportional to the number of citations
Color = Jurisdiction U.S. Supreme Court State Supreme Court Court of Appeals District Courts
Line Incoming = Cited by Outgoing = Cites
Key Phrases are not available yet.