Thomas J. McCarthy Real Estate, Inc. v Herlin

Holding The Appellate Division affirmed the dismissal of the broker’s claim for a commission because the plaintiffs failed to establish that they produced a buyer who was ready, willing, and able to purchase the property. The court determined that the evidence demonstrated the purchasers did not meet the contractual requirements for the commission to be earned.

The court’s words

the plaintiffs failed to establish their prima facie entitlement to judgment as a matter of law on the complaint

2026 NY Slip Op 06478, at the official text

the evidence submitted by the plaintiffs failed to demonstrate that, pursuant to the exclusive right to sell agreement, they produced a buyer who was ready, willing, and able to purchase the property

2026 NY Slip Op 06478, at the official text

Since the parties' submissions demonstrated that the purchasers were not ready, willing, and able to purchase the property, the Supreme Court properly granted the defendant's motion for summary judgment dismissing the complaint

2026 NY Slip Op 06478, at the official text