Legal Opinion

Garnham & Han Real Estate Brokers, Inc. v. Oppenheimer

Appellate Division of the Supreme Court of the State of New York

Decided March 13, 1989PublishedCited by 9 opinions

1Opinion of the Court

In an action to recover a real estate broker’s commission, the defendant appeals from an order of the Supreme Court, Suffolk County (Di Noto, J.), entered October 28, 1987, which denied his motion for summary judgment dismissing the complaint.

Ordered that the order is reversed, on the law, with costs, *494the defendant’s motion for summary judgment is granted and the complaint is dismissed.

It is well established that summary judgment will only be granted if there are no material and triable issues of fact (see, Sillman v Twentieth Century-Fox Film Corp., 3 NY2d 395, 404). Issue finding, as…

2Cases cited5 opinions

  1. Alvarez v. Prospect HospitalNew York Court of Appeals · 1986
  2. Sillman v. Twentieth Century-Fox Film Corp.New York Court of Appeals · 1957
  3. Krupp v. Aetna Life & Casualty Co.Appellate Division of the Supreme Court of the State of New York · 1984
  4. Graff v. BilletNew York Court of Appeals · 1985
  5. Chemical Bank v. PIC Motors Corp.New York Court of Appeals · 1983

3Cited by9 opinions

  1. Gesuale v. Campanelli & Associates, P.C.Appellate Division of the Supreme Court of the State of New York · 2015
  2. Cornelia & Broad Streets, Inc. v. ChaseAppellate Division of the Supreme Court of the State of New York · 1992
  3. Funding Group, Inc. v. Water Chef, Inc.New York Supreme Court · 2008
  4. Bush v. ProTravel International, Inc.Civil Court of the City of New York · 2002
  5. Martucci v. Tirro Construction Corp.New York Supreme Court · 2002

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