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N. STATUTE OF FRAUDS

Meyer v. Cessna Realty Assoc. (227 A.D.2d 929) - statute of frauds; receiver’s telephonic communication to purchaser that he accepted the purchaser’s written offer to purchase real property resulted in a binding contract of sale; summary judgment granted directing specific performance of contract.

2. Wings Assoc., Inc. v. Warnaco, Inc. (269 A.D.2d 183; lv. to appeal den., 95 N.Y.2d 759) - where broker’s original agreement was validly terminated prior to the contract that led to the subject sale, any other agreement between the parties for the payment of a brokerage commission would be governed by the Statute of Frauds and the broker’s claims are barred since the broker has not alleged, in connection with the alleged subsequent agreement, the existence of some writing evidencing defendant’s intention to be bound; since alleged subsequent agreement is void by reason of the Statute of Frauds, broker cannot use the same alleged promises as a basis for a cause of action sounding in quantum meruit

3. Sotheby’s International Realty, Inc. v. Dunemere Assoc. Real Estate (275 A.D.2d 318) - co-broker entitled to commission from listing broker where written co-exclusive brokerage agreement was orally extended as confirmed by their sworn statements and conduct; listing broker obligated to pay reasonable attorney’s fees to owner pursuant to indemnification clause in written listing agreement

4. Behar v. Mawardi (268 A.D.2 400) - purchaser’s complaint alleging breach of contract dismissed; binder for the sale of real property in Staten Island is deemed unenforceable under the Statute of Frauds; although binderidentified the property and stated the price and the method of payment, the circumstances leading to the signing of the binder, the terms contained therein and the subsequent negotiations by the parties indicate that the binder was not intended to constitute a complete and binding agreement; the parties never had a meeting of the minds with respect to material and essential terms of the agreement; the parties did not intend that the binder evidenced the entire agreement

5. Eastern Consolidated Properties, Inc. v. Lucas (285 A.D.2d 421) - Supreme Court’s order to dismiss broker’s complaint reversed; broker’s complaint sufficiently alleges that certain defendants have the authority to act on behalf of all defendants in the underlying real estate transaction; upon procuring a buyer ready, willing and able to purchase on the seller’s terms, the broker has earned its commission and a seller who frustrates the consummation of the transaction is liable nonetheless to the broker; no requirement that a brokerage commission be in writing (GOL 5-710[a][10])

6. PKG Assoc., Inc. v. Dubb (306 A.D. 2d 333) - finder; statute of frauds; statute of frauds does not preclude licensed real estate broker from recovery in quantum meruit for the reasonable value of their services; broker is not barred from maintaining a lawsuit to recover a finder’s fee where, in fact, it has entered into a special contract to act solely as a finder.

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First quarter Legal Lines now available

The first quarter 2018 edition of NYSAR’s Legal Lines is now available online at NYSAR.com. This edition covers commission issues, a New York State Supreme Court ruling on unsigned letters not creating a contract, support animals and more. Learn more

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