Kavian v. Vernah Homes Co.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*650In an action to recover damages for breach of contract, the plaintiff appeals from an order of the Supreme Court, Queens County (Dollard, J.), dated August 20, 2004, which granted the defendant’s motion to dismiss the complaint pursuant to CPLR 3211 (a) (1) and (7).
Ordered that the order is reversed, on the law, with costs, the motion is denied, and the complaint is reinstated.
For value received from the plaintiff, Hamid Kavian, nonparty Dubra & Dubra Realty, Inc. (hereinafter Dubra Realty), assigned to him the right to the sum of $62,500 due it pursuant to a commission agreement between it…
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