INFUSINO v. PELNIK


45 Misc.2d 333 (1965)

Anthony J. Infusino, Plaintiff, v. Charles Pelnik et al., Defendants.

Supreme Court, Special Term, Oneida County.

February 22, 1965


Attorney(s) appearing for the Case

Calli, Calli & Palewski (Elizabeth A. Palewski of counsel), for Jesse Fishman and another, defendants. Frank G. Pratt for plaintiff.


RICHARD D. SIMONS, J.

Defendants Fishman and Kessler move pursuant to CPLR 3211 (subd. [a], par. 7) to dismiss the complaint as to them for failure to state a cause of action.

Two causes of action are alleged. The first alleges that plaintiff is a real estate broker, employed by defendants Pelnik to sell certain realty in the City of Utica, New York, at the usual rate of commission, that the plaintiff endeavored to do so and did, in fact, introduce...

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