From Casetext: Smarter Legal Research

Fogel v. Fred Rob Realty Inc.

Appellate Division of the Supreme Court of New York, First Department
May 12, 1994
204 A.D.2d 135 (N.Y. App. Div. 1994)

Opinion

May 12, 1994

Appeal from the Supreme Court, Queens County (Joscelyn Smith, J.).


Plaintiff broker established that he produced a prospective buyer ready, willing and able to purchase the property at the terms set by defendant seller, and that he is therefore entitled to his commission (O'Connor Realty Servs. v. Higgins, 149 A.D.2d 492). The testimony of plaintiff and his employee was sufficient to show a meeting of the minds concerning the price and financing terms. Defendant did not controvert the buyer's testimony that the latter had a multimillion dollar line of credit at the Bank of India. Defendant's challenge to the court's charge regarding the buyer's financial ability is not preserved for appellate review due to the absence of appropriate objection. We have considered defendant's remaining contention and find it to be without merit.

Concur — Murphy, P.J., Sullivan, Carro, Rosenberger and Asch, JJ.


Summaries of

Fogel v. Fred Rob Realty Inc.

Appellate Division of the Supreme Court of New York, First Department
May 12, 1994
204 A.D.2d 135 (N.Y. App. Div. 1994)
Case details for

Fogel v. Fred Rob Realty Inc.

Case Details

Full title:LEE M. FOGEL, Individually and Doing Business as LEE M. FOGEL COMPANY…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: May 12, 1994

Citations

204 A.D.2d 135 (N.Y. App. Div. 1994)
612 N.Y.S.2d 858

Citing Cases

Geraci v. Creative Leasing Concepts, Inc.

Appeal from the Supreme Court, New York County (Louise Gruner Gans, J.). The determination of the trial…

Geraci v. Creative Leasing Concepts, Inc.

Plaintiff's motion for reargument was timely ( see, Delcrete Corp. v Kling, 67 A.D.2d 1099), and properly…