| Kaplon-Belo Assoc., Inc. v D'Angelo |
| 2008 NY Slip Op 10588 [57 AD3d 948] |
| December 30, 2008 |
| Appellate Division, Second Department |
| Kaplon-Belo Associates, Inc., Respondent, v FrankD'Angelo et al., Appellants. |
—[*1] Reisman, Peirez & Reisman, LLP, Garden City, N.Y. (David Berg and E. ChristopherMurray of counsel), for respondent.
In an action, inter alia, to recover a broker's commission on the sale of real property, thedefendants appeal (1) from an order of the Supreme Court, Queens County (Agate, J.), datedMarch 3, 2008, which denied their motion to dismiss the complaint pursuant to CPLR 3211 (a)(7) and (8), and (2), as limited by their brief, from so much of an order of the same court datedJune 18, 2008, as, upon reargument, adhered to the original determination.
Ordered that the appeal from the order dated March 3, 2008 is dismissed, as that order wassuperseded by the order dated June 18, 2008 made upon reargument; and it is further,
Ordered that the order dated June 18, 2008 is affirmed insofar as appealed from; and it isfurther,
Ordered that one bill of costs is awarded to the plaintiff.
The Supreme Court properly denied the defendants' motion to dismiss the complaintpursuant to CPLR 3211 (a) (7) and (8). Construing the pleadings in the light most favorable tothe plaintiff, and accepting as true all its factual allegations (see Guggenheimer v Ginzburg,43 NY2d 268, 275 [1977]; Schlackman v Robin S. Weingast & Assoc., Inc., 18AD3d 729, 729-730 [2005]; Montes Corp. v Charles Freihofer Baking Co., Inc., 17AD3d 330 [2005]), the plaintiff's complaint sufficiently states a cause of action against thedefendants to recover a brokerage commission (see Greene v Hellman, [*2]51 NY2d 197, 206 [1980]; Lane—Real Estate Dept. Storev Lawlet Corp., 28 NY2d 36, 42 [1971]; Stanzoni Realty Corp. v Landmark Props. ofSuffolk, Ltd., 19 AD3d 582 [2005]; Buck v Cimino, 243 AD2d 681, 684 [1997]).
The defendants' remaining contentions are without merit. Fisher, J.P., Florio, Carni andChambers, JJ., concur.