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DEAN R. PELTON CO., INC. v. MOUNDSVILLE SHOPPING PLAZA, INC.

173 A.D.2d 201 (1991)

Dean R. Pelton Company, Inc., Appellant-Respondent, v. Moundsville Shopping Plaza, Inc., et al., Respondents-Appellants, et al., Defendants

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

May 7, 1991

Plaintiff, a real estate brokerage firm, commenced this action to collect a commission allegedly due for having procured a prospective buyer for a shopping plaza. The defendants moved to dismiss the complaint for lack of in personam jurisdiction (CPLR 3211 [a] [8]). Although the IAS Court denied this aspect of the motion, it proceeded to dismiss the fourth cause of action of the complaint for failure to state a cause of action pursuant to CPLR 3211 (a) (7), a ground...

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