Legal Opinion

Kalmon Dolgin Affiliates of Long Island, Inc. v. Robert Plan Corp.

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

Decided March 23, 1998PublishedCited by 5 opinions

1Opinion of the Court

—In an action to recover a real estate brokerage commission, the defendants Robert Plan Corporation and Eagle, Ltd., appeal, as limited by their brief, from so much of an order of the Supreme Court, Nassau County (Kutner, J.), dated December 31, 1996, as denied their motion pursuant to CPLR 3211 (a) (1) to dismiss the complaint insofar as asserted against them.

Ordered that the order is affirmed insofar as appealed from, with costs.

Since the documentary evidence relied upon by the appellants did not definitively dispose of the plaintiff’s claim, the Supreme Court properly denied their motion…

2Cases cited3 opinions

  1. Greenwood Packing Corp. v. Associated Telephone Design, Inc.Appellate Division of the Supreme Court of the State of New York · 1988
  2. Juliano v. McEnteeAppellate Division of the Supreme Court of the State of New York · 1989
  3. R.W.P. Group, Inc. v. HolzbergAppellate Division of the Supreme Court of the State of New York · 1994

3Cited by5 opinions

  1. McMorrow v. Dime Savings Bank of WilliamsburghAppellate Division of the Supreme Court of the State of New York · 2008
  2. Rubinstein v. SalomonAppellate Division of the Supreme Court of the State of New York · 2007
  3. Long v. Allen AME Transportation Corp.Appellate Division of the Supreme Court of the State of New York · 2007
  4. Loevner v. LoevnerAppellate Division of the Supreme Court of the State of New York · 2011
  5. Morales v. 78 4th Avenue Corp.Appellate Division of the Supreme Court of the State of New York · 2008

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