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SHOLOM REALTY v. COLDWELL

138 Misc.2d 799 (1988)

Sholom & Zuckerbrot Realty Corp., Plaintiff, v. Coldwell Banker Commercial Group, Inc., Defendant.

Supreme Court, Queens County.

February 17, 1988

Attorney(s) appearing for the Case

Karsch & Meyer (Gary Meyer of counsel), for plaintiff. Morton Apfeldorf for defendant.

ARTHUR W. LONSCHEIN, J.

This is a motion to dismiss the complaint in an action to collect a brokerage commission. This motion presents an interesting question as to the relationship of CPLR 3025 (a) and the last sentence of CPLR 3211 (e). CPLR 3025 (a) allows a party to amend a pleading without leave of court, so long as he does so within 20 days after it is served, before any responsive pleading is due, or...

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