Prudential Wykagyl/Rittenberg Realty v. Calabria-Maher

In an action to recover a real estate brokerage commission, the plaintiff appeals from an order of the Supreme Court, Westchester County (LaCava, J.), entered August 26, 2002, which granted the defendants’ motion pursuant to CPLR 3211 (a) (1) and (7) to dismiss the complaint and denied its cross motion for leave to amend the complaint to add the defendant Valerie Calabria-Maher in her capacity as executrix of the estate of Concetta Calabria as a party.

Ordered that the order is affirmed, with costs.

To succeed on a motion to dismiss pursuant to CPLR 3211 (a) (1), the documentary evidence which…