Opinion
December 23, 1991
Appeal from the Supreme Court, Nassau County (Christ, J.).
Ordered that the judgment is affirmed insofar as appealed from, with costs.
The plaintiff Smith De Groat, Inc. (hereinafter Smith De Groat), a firm of licensed real estate brokers, commenced this action to recover a brokerage commission against the defendants Eleanor M. Vita and Irene J. South, the sellers of the subject real property, and the defendant Sami Kaldawi and his brother, the appellant Bill Kal a/k/a Nabil Kaldawi. Bill Kal was the ultimate purchaser of the property. Smith De Groat alleged that pursuant to its exclusive listing agreement, it had first procured for the sellers a ready, willing and able buyer, Bill Kal, who offered $360,000 to purchase the property. The sellers rejected this bid. Next, Sami Kaldawi made a $355,000 bid, through his brother Bill Kal, which the sellers accepted. Sami Kaldawi then entered into a binder agreement, although his offer never materialized into a contract. A few months later, Smith De Groat discovered that the sellers secretly had agreed to sell the property to Bill Kal's wholly owned corporation, Landmark Auto Parts, for a stated amount of $277,500. The contract of sale provided that no broker brought about the sale. Smith De Groat commenced this action alleging, among other things, that the sellers and the Kaldawi brothers conspired together to defraud it of its duly earned brokerage commission. We find that there was ample evidence adduced at trial to sustain the court's determination that the defendants acted to deprive the plaintiff of its real estate brokerage commission (see, Bryce v Wilde, 39 A.D.2d 291, 293, affd 31 N.Y.2d 882; Pilger v Ramati, 37 A.D.2d 581). The court's award of damages was correct under the facts and circumstances of this case (see, Keviczky v Lorber, 290 N.Y. 297, 306).
We have reviewed Bill Kal's remaining contentions and find them to be without merit. Mangano, P.J., Kunzeman, Eiber and Balletta, JJ., concur.