Opinion
July, 1930.
Judgment reversed upon the law, with costs, and judgment directed in favor of the plaintiffs for $2,500, with interest from December 9, 1925, and costs. The agreement between the parties that one-half of plaintiffs' commission was payable on the closing of title referred to the time when the commission which had been earned by the plaintiffs should be paid. ( Levy v. Forster, 224 App. Div. 463, 465; Morgan v. Calvert, 126 id. 327; Coughlan Co., Inc., v. Frankel, 216 id. 565; North Sea Development, Inc., v. Burnett, 228 id. 444.) In view of this decision the appeal from the order denying motion for a new trial is dismissed. Rich, Young, Scudder and Tompkins, JJ., concur; Lazansky, P.J., concurs in result.