Opinion
March 12, 1998
Appeal from the Supreme Court, New York County (Louise Gruner Gans, J.).
The determination of the trial court, which found that plaintiff had procured a ready, willing and able purchaser who had agreed to the seller's time of the essence clause, and that plaintiff was therefore entitled to her commission, was based largely on credibility findings, that have support in the record, and should not be disturbed ( Cushman Wakefield v. 214 E. 49th St. Corp., 218 A.D.2d 464, 467-468, lv denied 88 N.Y.2d 816). Plaintiff's evidence of her prospective purchaser's line of credit at Chemical Bank was uncontroverted ( see, Fogel v. Rob Realty, 204 A.D.2d 135). Contrary to defendants' contention, consummation of a sale was not a condition precedent to plaintiff's entitlement to a commission, and we therefore need not determine whether defendants frustrated plaintiff's performance ( see, Curtis Props. Corp. v. Grief Cos., 212 A.D.2d 259, 264).
We have considered defendants' other contentions and find them to be without merit.
Concur — Ellerin, J. P., Nardelli, Williams and Mazzarelli, JJ.