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PORITZKY v. GRAFF

98 Misc.2d 1112 (1979)

Herman I. Poritzky, Doing Business as Poritzky Agency, Plaintiff, v. Julius Graff et al., Defendants.

County Court, Westchester County.

April 6, 1979

Attorney(s) appearing for the Case

Hersh & Hersh, P. C., for plaintiff. Walter I. Seligsohn for defendants.

GERARD E. DELANEY, J.

This is a motion to dismiss the complaint under CPLR 3211 (subd [a], par 7) on the grounds that it fails to state a cause of action. The "cause" of action which plaintiff alleges sounds in the nature of a suit for broker's commission upon a real estate transaction. What plaintiff actually proposes is the legal equivalent of "The Godfather Clause", i.e., defendant is liable for failing...

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