Legal Opinion
Breslin Realty Development Corp. v. Luk-Shop, LLC
Appellate Division of the Supreme Court of the State of New York
Decided April 21, 2003Published
1Opinion of the Court
In an action to recover a broker’s commission, the defendants appeal from an order of the Supreme Court, Nassau County (Franco, J.), entered June 14, 2002, which denied their motion for summary judgment dismissing the complaint.
Ordered that the order is affirmed, with costs.
The Supreme Court properly denied the defendants’ motion for summary judgment dismissing the complaint. The defendants failed to demonstrate their prima facie entitlement to judgment as a matter of law (see Alvarez v Prospect Hosp., 68 NY2d 320 [1986]). In this regard, questions of fact exist as to whether the defendants…
2Cases cited4 opinions
- Alvarez v. Prospect HospitalNew York Court of Appeals · 1986
- Bank of New York v. HirschfeldNew York Court of Appeals · 1975
- Longley-Jones Associates, Inc. v. Ircon Realty Co.New York Court of Appeals · 1986
- Feinberg Bros. Agency, Inc. v. SchornsteinAppellate Division of the Supreme Court of the State of New York · 1987