Flax v. Hommel
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action to recover damages for breach of contract, the plaintiff appeals, as limited by his brief, from so much of an order of the Supreme Court, Nassau County (Spinola, J.), dated August 30, 2006, as, in effect, denied that branch of his cross *810motion pursuant to CPLR 3211 (a) (7) and 3015 (e) which was to dismiss the first counterclaim of the defendant David Hommel to recover damages for breach of contract.
Ordered that the order is reversed insofar as appealed from, on the law, with costs, and that branch of plaintiffs cross motion which was to dismiss the first counterclaim of the…
2Cases cited9 opinions
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- George Piersa, Inc. v. RosenthalAppellate Division of the Supreme Court of the State of New York · 1979
- Callos, Inc. v. JulianelliAppellate Division of the Supreme Court of the State of New York · 2002
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