In Rosenblatt v. Bergen, 237 N.Y. 88 (1923), the seller prepared a contract of sale but decided to sell the property to another buyer for a higher price and raised issue of the procured buyer's financial ability for the first time at trial, as the basis for his refusal to go forward with the transaction. In holding the seller liable for the commission, the Court of Appeals in Rosenblatt stated that: Having thus accepted the corporation as the purchaser, and never having made objection thereto, or to the solvency of the corporation, or even suggested to the plaintiff any criticism of the corporation, defendant...ought not now be heard to complain for the first time upon the trial of the action for commissions that the financial capacity of the corporation was inadequate. (Id. at 91.)