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CYC Realty, Inc. v. Perl
Citations: 93 A.D.2d 960; 463 N.Y.S.2d 286; 1983 N.Y. App. Div. LEXIS 17858
Court: Appellate Division of the Supreme Court of the State of New York; April 28, 1983; New York; State Appellate Court
An appeal was made against a Supreme Court order from July 23, 1982, which granted summary judgment to the plaintiff, a real estate brokerage firm. The defendants, who owned property at 10 East Bayberry Drive, Glenmont, New York, had entered into an exclusive listing agreement with the plaintiff, committing to pay a 6% commission on the selling price if the property was sold to anyone shown the property during the agreement's validity. The agreement expired on September 16, 1980, but the property was sold on January 14, 1981, to Mr. and Mrs. Steven Gates, who had been shown the property by a saleswoman on July 12, 1980. The defendants contended that the plaintiff violated the listing agreement and should not be entitled to summary judgment; however, their counsel's response consisted of a vague assertion lacking personal knowledge of the facts, which was deemed insufficient to contest the summary judgment. Citing relevant case law, the court affirmed the order, concluding that the defendants' arguments were inadequate to undermine the plaintiff's claim. The decision was affirmed with costs, with all justices concurring.