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WILLIAMSON v. HIRSCHFELD

92 A.D.2d 289 (1983)

Williamson, Picket, Gross, Inc., Appellant, v. Abraham Hirschfeld et al., Respondents

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

March 17, 1983

Attorney(s) appearing for the Case

Elaine Platt for appellant.

Harry Grossman for respondents.

CARRO, ASCH, BLOOM and MILONAS, JJ., concur.

SULLIVAN, J. P.

In this action to recover a real estate brokerage commission and punitive damages the issue is the sufficiency of the complaint, against which defendants have moved for dismissal on the ground, inter alia, of a defense founded on documentary evidence (CPLR 3211, subd [a], par 1). Since it is clear from such evidence that the individual defendants, Abraham and Elie Hirschfeld, never obligated...

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