Plaintiff sues on breach of contract and quantum meruit to recover a real estate brokerage commission allegedly earned in connection with the sale of the Hotel Sterling in Wilkes Barre, Pennsylvania. After joinder of issue, defendants moved to dismiss pursuant to CPLR 3211 on the grounds that the complaint failed to state a cause of action against Irving Engel, individually, that the action against him was barred by the Statute of Frauds and that the action against the partnership...
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