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GOTTESMAN BUS. BROKERS, INC. v. GOLDMAN FIRE PREVENTION CORP.

238 A.D.2d 250 (1997)

656 N.Y.S.2d 610

Gottesman Business Brokers, Inc., Appellant, v. Goldman Fire Prevention Corp. et al., Respondents

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

April 22, 1997

We agree with plaintiff broker that the fact issue referred to the Special Referee — whether defendant sellers had contacts with the buyer during the exclusive period of the parties' brokerage agreement — does not relate to any of the grounds enumerated in CPLR 3211 (a), and therefore should not have been immediately tried pursuant to CPLR 3212 (c), whether before a Special Referee or otherwise (see, Marshall, Bratter, Greene, Allison & Tucker...

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