In Levy v. Lacey, 22 NY2d 271 (1968) the Court of Appeals reiterated the rule announced in Stern v. Gepo Corp. The Court held that an agreement between a broker and a seller conditioning payment on the consummation of a sale does not "absolve the seller of the obligation of paying a commission where the sale fails of completion through the seller's own fault." (22 NY2d at 276.)