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Kaplon-Belo Assoc. v. D'Angelo

Appellate Division of the Supreme Court of New York, Second Department
Dec 30, 2008
57 A.D.3d 948 (N.Y. App. Div. 2008)

Opinion

Nos. 2008-03450, 2008-06520.

December 30, 2008.

In an action, inter alia, to recover a broker's commission on the sale of real property, the defendants appeal (1) from an order of the Supreme Court, Queens County (Agate, J.), dated March 3, 2008, which denied their motion to dismiss the complaint pursuant to CPLR 3211 (a) (7) and (8), and (2), as limited by their brief, from so much of an order of the same court dated June 18, 2008, as, upon reargument, adhered to the original determination.

William Paul Nolan, New York, N.Y., for appellants.

Reisman, Peirez Reisman, LLP, Garden City, N.Y. (David Berg and E. Christopher Murray of counsel), for Respondent.

Before: Fisher, J.P., Florio, Carni and Chambers, JJ., concur.


Ordered that the appeal from the order dated March 3, 2008 is dismissed, as that order was superseded by the order dated June 18, 2008 made upon reargument; and it is further,

Ordered that the order dated June 18, 2008 is affirmed insofar as appealed from; and it is further,

Ordered that one bill of costs is awarded to the plaintiff.

The Supreme Court properly denied the defendants' motion to dismiss the complaint pursuant to CPLR 3211 (a) (7) and (8). Construing the pleadings in the light most favorable to the plaintiff, and accepting as true all its factual allegations ( see Guggenheimer v Ginzburg, 43 NY2d 268, 275; Schlackman v Robin S. Weingast Assoc. Inc., 18 AD3d 729, 729-730; Montes Corp. v Charles Freihofer Baking Co., Inc., 17 AD3d 330), the plaintiff's complaint sufficiently states a cause of action against the defendants to recover a brokerage commission ( see Greene v Hellman, 51 NY2d 197, 206; Lane — Real Estate Dept. Store v Lawlet Corp., 28 NY2d 36, 42; Stanzoni Realty Corp. v Landmark Props. of Suffolk, Ltd., 19 AD3d 582; Buck v Cimino, 243 AD2d 681, 684).

The defendants' remaining contentions are without merit.


Summaries of

Kaplon-Belo Assoc. v. D'Angelo

Appellate Division of the Supreme Court of New York, Second Department
Dec 30, 2008
57 A.D.3d 948 (N.Y. App. Div. 2008)
Case details for

Kaplon-Belo Assoc. v. D'Angelo

Case Details

Full title:KAPLON-BELO ASSOCIATES, INC., Respondent, v. FRANK D'ANGELO et al.…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Dec 30, 2008

Citations

57 A.D.3d 948 (N.Y. App. Div. 2008)
2008 N.Y. Slip Op. 10588
869 N.Y.S.2d 789

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