Opinion
October 28, 1997
Appeal from Supreme Court, New York County (Diane Lebedeff, J.).
Plaintiff failed to establish that it produced a buyer ready, willing and able to purchase the property at the terms set forth by defendants-sellers. The correspondence between, and conduct of, the parties to the transaction clearly demonstrate that they were not in agreement as to the closing date, the clause entitling defendants to terminate the contract unconditionally, and the date when defendants would vacate the premises. Therefore, plaintiff was not entitled to its commission ( see, Rusciano Realty Servs. v. Griffler, 62 N.Y.2d 696). Moreover, plaintiff failed to establish that defendants wrongfully or arbitrarily prevented completion of the deal ( Heelan Realty Dev. Corp. v. Skyview Meadows Dev. Corp., 204 A.D.2d 601).
Concur — Rosenberger, J.P., Wallach, Nardelli, Williams and Colabella, JJ.