41 A.D.2d 926 | N.Y. App. Div. | 1973
— Order, Supreme Court, New York County, entered on December 5, 1972, unanimously modified, on the law, to grant summary judgment to plaintiff on the first cause of action, and otherwise affirmed, without costs and without disbursements. Plaintiff, a licensed real estate broker, sues upon a written agreement for commission in obtaining a lease. The commissions amounted to $67,000 payable in installments. The first installment of $3,000 was payable on the tenant’s signing the lease. The second installment, $16,000, was payable on February 1, 1971. These installments were paid. The third, fourth and fifth installments were payable on February 1, 1972, 1973 and 1974. However, as to these installments the agreement provided that the installment would not be payable unless the rental, or the equivalent of such rent in damages, had been paid under the lease for the month preceding the day on which the installment was due. The rent for January, 1972 was paid by the tenant. This met the condition governing the payment of the installment due February 1, 1972, which is the subject matter of the first cause of action. Defendant contends that the agreement merely provided a date for payment but that .the sense of-the agree