George Mandel & Associates, Ltd. v. HLV Realty Corp.

Appellate Division of the Supreme Court of New York

George Mandel & Associates, Ltd. v. HLV Realty Corp.

201 A.D.2d 618, 609 N.Y.S.2d 834, 1994 N.Y. App. Div. LEXIS 1453

Appellate Division of the Supreme Court of the State of New York·Decided February 22, 1994·Published

Opinion

In consolidated actions, inter alia, to recover a brokerage commission on the sale of real property, the defendants Henry Lewandowski and Richard Lipsman appeal from so much of an order of the Supreme Court, Suffolk County (Cannavo, J.), dated August 7, 1990, as, upon granting reargument, denied the branch of their motion which was to dismiss the first and second causes of action asserted in the complaint pursuant to CPLR 3211 (a) (7).

Ordered that the order is affirmed insofar as appealed from, with costs.

We agree with the Supreme Court that the complaint adequately states causes of action to recover damages for breach of contract and fraud. Balletta, J. P., Santucci, Krausman and Florio, JJ., concur.

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In consolidated actions, inter alia, to recover a brokerage commission on the sale of real property, the defendants Henry Lewandowski and Richard Lipsman appeal from so much of an order of the Supreme Court, Suffolk County (Cannavo, J.), dated August 7, 1990, as, upon granting reargument, denied the branch of their motion which was to dismiss the first and second causes of action asserted in the complaint pursuant to CPLR 3211 (a) (7).

Ordered that the order is affirmed insofar as appealed from, with costs.

We agree with the Supreme Court that the complaint adequately states causes of action to recover damages for breach of contract and fraud. Balletta, J. P., Santucci, Krausman and Florio, JJ., concur.

George Mandel & Associates, Ltd. v. HLV Realty Corp., 201 A.D.2d 618, 609 N.Y.S.2d 834, 1994 N.Y. App. Div. LEXIS 1453 (N.Y. Ct. App. 1994).

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201 A.D.2d 618 (George Mandel & Associates, Ltd. v. HLV Realty Corp.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.