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Consortium Consulting Group, Inc. v Chee Tsai
2006 NY Slip Op 50663(U) [11 Misc 3d 140(A)]
Decided on April 19, 2006
Appellate Term, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and will not be published in the printed Official Reports.


Decided on April 19, 2006
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT


PRESENT: DAVIS, J.P., SCHOENFELD, J.

Consortium Consulting Group, Inc., Plaintiff-Respondent, No.570100/05

against

Chee Tsai, Defendant-Appellant, and Hern Tsai, JANE TSAI, YU TSAI and LIN TSAI, Defendants.


Defendant Chee Tsai appeals from a judgment of the Civil Court, New York County (Jose A. Padilla, Jr., J.), entered March 5, 2004, after a nonjury trial, in favor of plaintiff and awarding him damages in the principal sum of $32,700.


PER CURIAM:

Judgment (Jose A. Padilla, Jr., J.) entered March 5, 2004, affirmed, with $25 costs.

A fair interpretation of the evidence supports the trial court's determination that plaintiff real estate broker was retained by defendant-appellant and procured a ready, willing and able buyer on the terms set by defendant, entitling plaintiff to recover a commission (see Eastern Consolidated Properties, Inc. v Lucas, 285 AD2d 421 [2001]). The evidence, fairly considered, also supports the finding that plaintiff was unaware, prior to producing a ready, willing and able buyer, of defendant's claimed need to obtain the consent of his siblings before going ahead with the sale (cf. Norma Reynolds Realty, Inc. v Miral, 301 AD2d 364 [2003]).

This constitutes the decision and order of the court.
Decision Date: April 19, 2006