Opinion
January 22, 1990
Appeal from the Supreme Court, Suffolk County (Copertino, J.).
Ordered that the order is reversed insofar as appealed from, on the law, with costs, and that branch of the defendant's motion which was for summary judgment dismissing the complaint is granted.
It is undisputed that the parties agreed that a commission was payable only upon closing or the passing of title to the plaintiff's proposed buyer, which event did not take place in this case. Accordingly, as a matter of law, no commission was earned and summary judgment should have been granted in favor of the defendant (see, Corcoran Group v. Morris, 107 A.D.2d 622, affd 64 N.Y.2d 1034; Graff v. Billet, 101 A.D.2d 355, affd 64 N.Y.2d 899; White Sons v. La Touraine-Bickford's Foods, 50 A.D.2d 547, affd 40 N.Y.2d 1039). Bracken, J.P., Lawrence, Harwood and Balletta, JJ., concur.