RWSP Realty, LLC v. Agusta

In an action to recover a real estate brokerage commission, the defendants appeal, as limited by their brief, from so much of an order of the Supreme Court, Rockland County (Weiner, J.), dated March 7, 2007, as denied those branches of their motion which were to dismiss the complaint pursuant to CPLR 3211 (a) (1) and (7).

Ordered that the order is reversed insofar as appealed from, on the law, with costs, and those branches of the motion which were to dismiss the complaint pursuant to CPLR 3211 (a) (1) and (7) are granted.

The plaintiff, a real estate broker, alleged that while acting as a…