Stevens v. Gibbons

Full title: ABNER STEVENS, Respondent, v. THOMAS GIBBONS et al., Appellants

Court: Supreme Court, Appellate Term, Second Department

Date published: Apr 2, 1962

38 Misc. 2d 621 (N.Y. App. Term 1962)

240 N.Y.S.2d 43

Opinion

April 2, 1962

Appeal from the Municipal Court of the City of New York, Borough of Queens, CHARLES J. VALLONE, J.

Charles Struckler and Florence Cohen for appellants.

Vincent M. Albanese and Joseph A. Fiore for respondents.

Per Curiam.

In this action for brokerage commissions, the contract of sale permitted either party to withdraw from the transaction if the purchaser did not obtain a mortgage commitment for an agreed amount on or before a stated date. Upon the purchaser's failure to procure such a commitment within the agreed time the seller cancelled the contract. In these circumstances, plaintiff broker is not entitled to any commission.

The judgment should be unanimously reversed, with $30 costs to defendants and complaint dismissed with appropriate costs in the court below.

Concur — HART, DI GIOVANNA and BROWN, JJ.

Judgment reversed, etc.