Steve Elliot v. Teplitsky
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action to recover a real estate brokerage commission, *524the defendants appeal from an order of the Supreme Court, Kings County (Knipel, J.), dated February 25, 2008, which denied their motion to dismiss the complaint pursuant to CPLR 3211 (a) (7).
Ordered that the order is affirmed, with costs.
Where evidentiary material is submitted and considered on a motion to dismiss a complaint pursuant to CPLR 3211 (a) (7), the court must determine whether the plaintiff has a cause of action, not whether the plaintiff has stated one (see Guggenheimer v Ginzburg, 43 NY2d 268, 275 [1977]; Fishberger v…
2Cases cited8 opinions
- Guggenheimer v. GinzburgNew York Court of Appeals · 1977
- Fishberger v. VossAppellate Division of the Supreme Court of the State of New York · 2008
- Feinberg Bros. Agency, Inc. v. Berted Realty Co.New York Court of Appeals · 1987
- Peter F. Gaito Architecture, LLC v. Simone Development Corp.Appellate Division of the Supreme Court of the State of New York · 2007
- Sopher v. MartinAppellate Division of the Supreme Court of the State of New York · 1997
3 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Saunders Ventures, Inc. v. Catcove Group, Inc.Appellate Division of the Supreme Court of the State of New York · 2017
- East Hampton Union Free School District v. Sandpebble Builders, Inc.Appellate Division of the Supreme Court of the State of New York · 2009
- Scoyni v. ChabowskiAppellate Division of the Supreme Court of the State of New York · 2010
- Walker v. KramerAppellate Division of the Supreme Court of the State of New York · 2009
- Shapiro v. JackelAppellate Division of the Supreme Court of the State of New York · 2009
4 more not listed; retrieve them via the Exa API.