Opinion
November 14, 1988
Appeal from the Supreme Court, Nassau County (Ain, J.).
Ordered that the judgment is affirmed, with costs.
The defendants' claim that there was never an accord as to the essential terms of the sale and that the prospective buyers were financially unable to proceed with the purchase is belied by the credible testimony of both the broker and one of the buyers. We find no basis to disturb the trial court's conclusion that the prospective buyers produced by the plaintiff were ready, willing and able to purchase the defendants' premises on the terms agreed to by them, and he was thus entitled to a commission (see, Lane-Real Estate Dept. Store v. Lawlet Corp., 28 N.Y.2d 36, mot to amend remittitur denied 29 N.Y.2d 552; Levy v. Lacey, 22 N.Y.2d 271; Connor v. Jean-Charles, 140 A.D.2d 291). Thompson, J.P., Bracken, Brown and Sullivan, JJ., concur.