Opinion
March 16, 1981
In an action to recover a real estate brokerage commission, the defendants appeal, as limited by their brief, from so much of an order of the Supreme Court, Suffolk County, dated March 6, 1980, as denied their motion to dismiss the complaint for failure to state a cause of action. Order affirmed insofar as appealed from, with $50 costs and disbursements. On its face, the plaintiff's complaint states a valid cause of action for a real estate brokerage commission earned in connection with the proposed but unconsummated sale of the defendants' home. (Cf. Miller Realty Corp. v. Carpenter, 41 A.D.2d 564; see, also, Rovello v. Orofino Realty Co., 40 N.Y.2d 633; Lane — Real Estate Dept. Store v Lawlet Corp., 28 N.Y.2d 36.) Lazer, J.P., Gibbons, Gulotta and Cohalan, JJ., concur.