Opinion
570100/05.
Decided April 19, 2006.
Defendant Chee Tsai appeals from a judgment of the Civil Court, New York County (Jose A. Padilla, Jr., J.), entered March 5, 2004, after a nonjury trial, in favor of plaintiff and awarding him damages in the principal sum of $32,700.
Judgment (Jose A. Padilla, Jr., J.) entered March 5, 2004, affirmed, with $25 costs.
PRESENT: DAVIS, J.P., SCHOENFELD, J.
A fair interpretation of the evidence supports the trial court's determination that plaintiff real estate broker was retained by defendant-appellant and procured a ready, willing and able buyer on the terms set by defendant, entitling plaintiff to recover a commission ( see Eastern Consolidated Properties, Inc. v. Lucas, 285 AD2d 421). The evidence, fairly considered, also supports the finding that plaintiff was unaware, prior to producing a ready, willing and able buyer, of defendant's claimed need to obtain the consent of his siblings before going ahead with the sale ( cf. Norma Reynolds Realty, Inc. v. Miral, 301 AD2d 364).
This constitutes the decision and order of the court.