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J. I. KISLAK, INC. v. CAROL MGMT.

7 A.D.2d 428 (1959)

J. I. Kislak, Inc., Respondent, v. Carol Management Corporation, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

March 31, 1959.

Attorney(s) appearing for the Case

Sylvan D. Freeman of counsel (Dreyer & Traub, attorneys), for appellant.

Edward Elman of counsel (Harold B. Lawrence with him on the brief), for respondent.

RABIN, M. M. FRANK and McNALLY, JJ., concur with VALENTE, J.; BREITEL, J. P., dissents in opinion.

VALENTE, J.

Defendant appeals from an order denying its motions to dismiss the complaint for insufficiency pursuant to rule 106 of the Rules of Civil Practice, and to strike certain paragraphs pursuant to rule 103 of the Rules of Civil Practice.

In summary, the complaint alleges a cause of action for damages for breach of a written brokerage agreement, entered into on May 19, 1958. A copy of the contract...

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