Arthur C. Levy v. Robert Lacey Et Al‪.‬

[22 N.Y.2d 271 Page 273] By agreement dated July 17, 1962, the defendants contracted to sell to one James R. Frazer for $130,000 certain real property
located in Hicksville, New York, owned by the defendants. The contract was conditioned upon the ability of the sellers to
obtain the abandonment of a street which was indicated on a filed map of the subject premises but which was not in actual
existence. Closing of title was to take place "on or about" 30 days after notice of the successful completion of the abandonment
proceeding. The contract recited the parties' agreement that Arthur C. Levy, a licensed real estate broker and the plaintiff
in this action, "brought about this sale" and the seller's agreement to pay Levy a commission at the rate established or adopted
by the Board of Real Estate Brokers in the locality where the property was situated, which in this case was 5%, or $6,500.
It did not, however, specify when or under what conditions plaintiff's commission was payable.