Opinion
June 16, 1997
Appeal from the Supreme Court, Westchester County (Lefkowitz, J.).
Ordered that the judgment is affirmed, with costs.
The law is clear that a broker who produces a person ready and willing to enter into a contract on the seller's terms has earned his or her commission ( see, Feinberg Bros. Agency v. Berted Realty Co., 70 N.Y.2d 828, 830; BH Assocs. v. Buscemi, 229 A.D.2d 456; Miller Org. v. Vasap Constr. Corp., 184 A.D.2d 763, 764; Holiday Mgt. Assocs. v. Albanese, 173 A.D.2d 775; Taibi v. American Banknote Co., 135 A.D.2d 810). The dispute in this case involves the plaintiff's assertion that he was due a commission upon the procurement of a ready and willing purchaser, versus the defendants' assertion that the plaintiff was only due a commission upon the closing of title.
The decision of the fact-finding court should not be disturbed upon appeal unless it is obvious that the court's conclusions could not be reached by any fair interpretation of the evidence, especially in cases resting in large part on the credibility of witnesses ( see, Thoreson v. Penthouse Intl., 80 N.Y.2d 490, 495). Here, a review of the record supports the trial court's conclusion that the plaintiff earned his brokerage commission by procuring a ready and willing purchaser of the subject properties on the defendants' terms.
We have reviewed the defendants' remaining contentions and find them to be without merit.
Miller, J.P., Copertino, Sullivan and Pizzuto, JJ., concur.