Opinion
June 23, 1992
Appeal from the Supreme Court, New York County (Robert E. White, J.).
In the absence of an agreement to the contrary, a broker is entitled to a commission when it produces a party ready, willing and able to accept the terms offered by the principal (Lane — Real Estate Dept. Store v. Lawlet Corp., 28 N.Y.2d 36, 42; Williamson, Picket, Gross v. Hirschfeld, 92 A.D.2d 289). Here, defendant gave an exclusive brokerage to Huberth Peters, Inc., which because it conditioned any commissions on a completed transaction, permitted defendant to consider competing offers (White Sons v. La Touraine — Bickford's Foods, 50 A.D.2d 547, affd 40 N.Y.2d 1039). Plaintiff was aware of this exclusive brokerage agreement and its terms when it tendered to defendant its principal's offer to sublease the premises, and thus is bound by its terms. Since the offer of sublease tendered by plaintiff was never executed or accepted by defendant, and since the agreement between defendant and its broker conditioned commissions upon a completed transaction, plaintiff has no right to a commission based upon such offer (see, Graff v. Billet, 64 N.Y.2d 899).
Concur — Murphy, P.J., Milonas, Rosenberger, Ross and Smith, JJ.