Legal Opinion
Philip Mehler Realty, Inc. v. Kayser
Appellate Division of the Supreme Court of the State of New York
Decided September 5, 1991PublishedCited by 5 opinions
1Opinion of the Court
—Order, Supreme Court, New York County (David H. Edwards, Jr., J.), entered March 19, 1990, which, inter alia, denied defendant’s motion to dismiss the first cause of action of the complaint pursuant to CPLR 3211 (a) (7), is unanimously reversed, on the law, to the extent of granting the motion to dismiss the first cause of action, and otherwise affirmed, with costs.
The sole issue before the court is whether Real Property Law § 442-d bars an action to recover a real estate brokerage commission where the plaintiff-real estate broker-corporation, at the time its services were rendered, was not…
2Cases cited6 opinions
- Galbreath-Ruffin Corp. v. 40th & 3rd Corp.New York Court of Appeals · 1967
- Eaton Associates v. Highland Broadcasting Corp.Appellate Division of the Supreme Court of the State of New York · 1981
- NFS Services, Inc. v. West 73rd Street AssociatesAppellate Division of the Supreme Court of the State of New York · 1984
- Rogovin v. Bach Realty, Inc.Appellate Division of the Supreme Court of the State of New York · 1989
- Collins Tuttle & Co. v. Colgate Palmolive Co.New York Supreme Court · 1982
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3Cited by5 opinions
- Ashton General Partnership, Inc. v. Federal Data Corp.District of Columbia Court of Appeals · 1996
- Sharon Ava & Co. v. Olympic Tower AssociatesAppellate Division of the Supreme Court of the State of New York · 1999
- Ling's Properties, LLC v. BodeAppellate Division of the Supreme Court of the State of New York · 2012
- Burton v. LucidoAppellate Division of the Supreme Court of the State of New York · 2016
- New England Retail Properties, Inc. v. Commerce Park Associates 11, LLC.Supreme Court of Rhode Island · 2003