BREED, ABBOTT v. HULKO


139 A.D.2d 71 (1988)

Breed, Abbott & Morgan, Appellant, v. R. Lee Hulko, Respondent

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

July 7, 1988


Attorney(s) appearing for the Case

Eric M. Nelson of counsel (Nancy A. Brownstein with him on the brief; Breed, Abbott & Morgan), appellant pro se.

William J. Thomashower of counsel (Kaplan, Thomashower & Landau, attorneys), for respondent.

CARRO and KASSAL, JJ., concur with SANDLER, J.; MURPHY, P. J., and ELLERIN, J., dissent in an opinion by MURPHY, P. J.


SANDLER, J.

The complaint, whose allegations are necessarily accepted as true on this appeal from an order granting defendant's motion pursuant to CPLR 3211 (a) (7) to dismiss for legal insufficiency, alleges that defendant R. Lee Hulko (Hulko) entered into a contract for the purchase of certain real property. Paragraph 39 of the contract designated plaintiff, Breed, Abbott & Morgan (Breed, Abbott) as escrowee...

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