Kalmon Dolgin Affiliates of Long Island, Inc. v. Robert Plan Corp.

Appellate Division of the Supreme Court of New York

Kalmon Dolgin Affiliates of Long Island, Inc. v. Robert Plan Corp.

248 A.D.2d 594, 669 N.Y.S.2d 920, 1998 N.Y. App. Div. LEXIS 2901

Appellate Division of the Supreme Court of the State of New York·Decided March 23, 1998·Published·Cited by 5 cases

Opinion

—In an action to recover a real estate brokerage commission, the defendants Robert Plan Corporation and Eagle, Ltd., appeal, as limited by their brief, from so much of an order of the Supreme Court, Nassau County (Kutner, J.), dated December 31, 1996, as denied their motion pursuant to CPLR 3211 (a) (1) to dismiss the complaint insofar as asserted against them.

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

Since the documentary evidence relied upon by the appellants did not definitively dispose of the plaintiff’s claim, the Supreme Court properly denied their motion pursuant to CPLR 3211 (a) (1) to dismiss the complaint insofar as asserted against them (see, R.W.P. Group v Holzberg, 202 AD2d 410, 411; Juliano v McEntee, 150 AD2d 524; Greenwood Packing Corp. v Associated Tel. Design, 140 AD2d 303).

O’Brien, J. P., Ritter, Thompson, Friedmann and Goldstein, JJ., concur.

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—In an action to recover a real estate brokerage commission, the defendants Robert Plan Corporation and Eagle, Ltd., appeal, as limited by their brief, from so much of an order of the Supreme Court, Nassau County (Kutner, J.), dated December 31, 1996, as denied their motion pursuant to CPLR 3211 (a) (1) to dismiss the complaint insofar as asserted against them.

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

Since the documentary evidence relied upon by the appellants did not definitively dispose of the plaintiff’s claim, the Supreme Court properly denied their motion pursuant to CPLR 3211 (a) (1) to dismiss the complaint insofar as asserted against them (see, R.W.P. Group v Holzberg, 202 AD2d 410, 411; Juliano v McEntee, 150 AD2d 524; Greenwood Packing Corp. v Associated Tel. Design, 140 AD2d 303).

O’Brien, J. P., Ritter, Thompson, Friedmann and Goldstein, JJ., concur.

Kalmon Dolgin Affiliates of Long Island, Inc. v. Robert Plan Corp., 248 A.D.2d 594, 669 N.Y.S.2d 920, 1998 N.Y. App. Div. LEXIS 2901 (N.Y. Ct. App. 1998).

Pincite

248 A.D.2d 594 (Kalmon Dolgin Affiliates of Long Island, Inc. v. Robert Plan Corp.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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