
    Abner Stevens, Respondent, v. Thomas Gibbons et al., Appellants.
    Supreme Court, Appellate Term, Second Department,
    April 2, 1962.
    
      Charles Struchler and Florence Cohen for appellants. Vincent M. Altánese and Joseph A. Fiore for respondents.
   Per Curiam.

In this action for brokerage commissions, the contract of sale permitted either party to withdraw from the transaction if the purchaser did not obtain a mortgage commitment for an agreed amount on or before a stated date. Upon the purchaser’s failure to procure such a commitment within the agreed time the seller cancelled the contract. In these circumstances, plaintiff broker is not entitled to any commission.

The judgment should be unanimously reversed, with $30 costs to defendants and complaint dismissed with appropriate costs in the court below.

Concur — Hart, Di Giovanna and Brown, JJ.

Judgment reversed, etc.  