Limited Editions Realty Inc. v Brancke

[*1] Limited Editions Realty Inc. v Brancke 2005 NYSlipOp 50533(U) Decided on April 13, 2005 Appellate Term, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on April 13, 2005
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS
PRESENT: April 13, 2005 SUPREME COURT OF THE STATE OF NEW YORK APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS PRESENT : RUDOLPH, P.J., ANGIOLILLO and COVELLO, JJ.
2004-1149 P C

Limited Editions Realty Inc., Respondent,

against

Christopher Brancke and Katherine Brancke, Appellants.

Appeal by defendants from a judgment of the Justice Court, Village of Cold Spring, Putnam County (T. Costello, J.), entered August 4, 2004, in favor of plaintiff in the principal sum of $1,700.

Judgment unanimously affirmed without costs.

As a general rule, in the absence of an agreement to the contrary, a real estate broker is entitled to a brokerage commission where it is established that the broker was the procuring cause of the sale (lease) by producing a purchaser (tenant) who is ready, willing and able to buy (lease) on terms acceptable to the seller (landlord) (Lane - Real Estate Dept. Store v Lawlet Corp., 28 NY2d 36 [1971]; Levy v Lacey, 22 NY2d 271 [1968]). At the point where a broker produces an acceptable buyer (tenant), he has fully performed his part of the agreement and his right to the commission becomes enforceable (Hecht v Meller, 23 NY2d 301, 305 [1968]).

In the case at bar, it is uncontested that plaintiff showed the premises to defendants' friend, Joerg Braun, on their behalf. In addition, as the trial court noted, the defendants signed the rental/credit application provided to them by plaintiff. The application contained a statement obligating them to pay the commission on any lease. Thus, as the court found, defendants were required to pay the commission earned.
Decision Date: April 13, 2005