Brenhouse v. Shah Realty Corp.
Cases that cite this one
3 later published cases cite this decision.
- Kaplon-Belo Associates, Inc. v. D'Angelo (Appellate Division of the Supreme Court of New York 2010)
- Kling Real Estate, Ltd. v. DePalma (Appellate Division of the Supreme Court of New York 2003)
- Re/Max Homes & Estates, Inc. v. Leist (Appellate Division of the Supreme Court of New York 2003)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
—In an action to recover a real estate broker’s commission, the plaintiff appeals from an order of the Supreme Court, Westchester County (Colabella, J.), entered April 27, 1999, which granted the defendant’s motion for summary judgment dismissing the complaint.
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 AD2d 459; Mecox Realty Corp. v Rose, 202 AD2d 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
Case-law data current through December 31, 2025. Source: CourtListener bulk data.