Pilger v. Ramati

In Pilger v. Ramati, 37 AD2d 581 (2d Dept 1971), the appellate court, affirming the trial court, held that the evidence supported a finding that the defendant purchaser of a car wash business, who had been introduced to the business by the plaintiff broker, conspired with the defendant seller to deprive the broker of its commission. The appellate court stated that the evidence presented at trial showed that the broker had been asked by the seller to find a purchaser for the business, the broker introduced the purchaser to the business, the purchaser, after making an offer then told the broker he was not interested in the business but several weeks later the purchaser contacted the seller directly and they negotiated a sale between their fathers-in-law at a price less than the original price sought by the seller by approximately the amount of the commission, and the contract contained a provision representing that no broker brought about the transaction (37 AD2d at 581). The appellate court held that such conduct "permitted a finding of a deliberate purpose to simulate an interruption in the negotiation, to misrepresent plaintiff's interest in the transaction and to profit from the reduction in price due to the removal of plaintiff from the deal (id.).