Justice William McCarthy
David Przestrzelski co-owned realty with sister Hayes and brother Charles. He and Hayes signed a listing agreement for Posson’s sale of the property for $290,000 in exchange for an 8 percent commission. Hayes and Charles accepted and signed Posson’s $290,000 “as is” offer from Glaviano. David rejected it. Supreme court granted Posson summary judgment in his commission recovery suit against David. Third Department affirmed, holding that supreme court did not err in accepting into evidence a copy of a second version of the purchase offer, or in awarding Posson a commission. The listing agreement—identifying the parties, the property, the asking price and an agreement to pay an 8 percent commission in exchange for Posson’s producing a buyer—was a valid agreement. There was a meeting of the minds. Hayes and Charles signed Glaviano’s offer, and David signed the listing agreement that had the same price term. The parties’ failure to discuss a closing date and other terms that David did not originally object to was attributable to his refusal to sell the property outside the family, not Posson’s inability to broker a meeting of the minds. Further, Glaviano was a ready, willing and able buyer. Thus, Posson earned his commission.
