Legal Opinion
Kimco Exchange Place Corp. v. Thomas Benz, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided November 8, 2006PublishedCited by 29 opinions
1Opinion of the Court
In an action to recover damages for breach of a real estate marketing agreement, the plaintiff appeals from an order of the Supreme Court, Nassau County (Austin, J.), dated November 3, 2005, which granted the defendants’ motion to dismiss the complaint pursuant to CPLR 3211 (a) (8).
Ordered that the order is affirmed, with costs.
The defendant Thomas Benz is in the business of developing commercial real estate properties. He is the principal and owner of the defendants Thomas Benz, Inc., and John E. Benz & Co., and each of these entities is a resident of and has its principal place of business…
2Cases cited4 opinions
- Deutsche Bank Securities, Inc. v. Montana Board of InvestmentsNew York Court of Appeals · 2006
- J. E. T. Advertising Associates, Inc. v. Lawn King, Inc.Appellate Division of the Supreme Court of the State of New York · 1981
- Courtroom Television Network v. Focus Media, Inc.Appellate Division of the Supreme Court of the State of New York · 1999
- Milliken v. HolstAppellate Division of the Supreme Court of the State of New York · 1994
3Cited by29 opinions
- Best Van Lines, Inc. v. Tim Walker, Docket No. 04-3924-CvCourt of Appeals for the Second Circuit · 2007
- Jonas v. Estate of LevenDistrict Court, S.D. New York · 2015
- DirecTV Latin America, LLC v. PARK 610, LLCDistrict Court, S.D. New York · 2010
- Grimaldi v. GuinnAppellate Division of the Supreme Court of the State of New York · 2010
- Daniel B. Katz & Associates Corp. v. Midland Rushmore, LLCAppellate Division of the Supreme Court of the State of New York · 2011
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