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Madison Equities v. MZ Management Corp.

Appellate Division of the Supreme Court of New York, Second Department
Aug 11, 2003
307 A.D.2d 956 (N.Y. App. Div. 2003)

Opinion

2002-05050

Argued June 12, 2003.

August 11, 2003.

In an action, inter alia, for a judgment declaring, among other things, that a contract between the plaintiff and the defendant MZ Management Corp. is in full force and effect, the defendants MZ Management Corp. and Esseks Hefter Angel appeal, as limited by their brief, from so much of an order of the Supreme Court, Suffolk County (Jones, J.), dated May 3, 2002, as denied their motion pursuant to CPLR 3211(a)(1) and (7) to dismiss the complaint insofar as asserted against them.

Esseks, Hefter Angel, Riverhead, N.Y. (William W. Esseks, Jane Ann R. Kratz, and Anthony C. Pasca of counsel), appellant pro se and for appellant MZ Management Corp.

Buchanan Ingersoll, P.C., New York, N.Y. (David J. Molton and Gayle N. Moran of counsel), and Certilman, Balin, Adler Hyman, Hauppauge, N.Y. (Glenn B. Gruder of counsel), for respondent (one brief filed).

Before: SANDRA J. FEUERSTEIN, J.P., GABRIEL M. KRAUSMAN, GLORIA GOLDSTEIN, REINALDO E. RIVERA, JJ.


DECISION ORDER

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

According the plaintiff the benefit of every possible inference (see CPLR 3211; see also Meliso v. Pinter, 289 A.D.2d 462), the complaint sufficiently states the causes of action alleged.

FEUERSTEIN, J.P., KRAUSMAN, GOLDSTEIN and RIVERA, JJ., concur.


Summaries of

Madison Equities v. MZ Management Corp.

Appellate Division of the Supreme Court of New York, Second Department
Aug 11, 2003
307 A.D.2d 956 (N.Y. App. Div. 2003)
Case details for

Madison Equities v. MZ Management Corp.

Case Details

Full title:MADISON EQUITIES, LLC, respondent, v. MZ MANAGEMENT CORP., ET AL.…

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

Date published: Aug 11, 2003

Citations

307 A.D.2d 956 (N.Y. App. Div. 2003)
763 N.Y.S.2d 478