Opinion
December 30, 1942.
Order of the County Court, Westchester County, denying plaintiff's motion for summary judgment under rule 113 of the Rules of Civil Practice reversed on the law, with ten dollars costs and disbursements, and the motion granted, with ten dollars costs. It is conceded that when defendant leased premises owned by it, plaintiff was the broker in the transaction and that defendant recognized her as such and agreed to pay the usual commission, according to the rules of the Westchester County Realty Board, for the term of the lease, for renewal or renewals thereof, if any; and further agreed that, in case the tenant purchased the premises, defendant was to pay a broker's sale commission, in accordance with the rules of the Westchester County Realty Board. At the time the lease was consummated plaintiff was a duly authorized broker. At the time defendant and the lessee agreed upon the terms of purchase and sale of the property, plaintiff was not licensed but was licensed at the time the formal agreement was drawn between lessee and defendant for the purchase and sale of the property. The agreement for broker's commissions was full and complete at the time of the lease and there was no act as a broker which plaintiff was called upon to perform in order to be entitled to a broker's commission on sale. It made no difference how the sale was consummated. Plaintiff was entitled to commission. It was not necessary for her to have a broker's license either at the time the lessee became a customer who was ready, willing, and able to buy, or at the time the contract was made between the lessee and the owner for the purchase and sale of the property. Lazansky, P.J., Carswell, Johnston, Adel and Taylor, JJ., concur.