SHOVAK v. LONG ISLAND COMMERCIAL BANK


50 A.D.3d 1118 (2008)

858 N.Y.S.2d 660

JAMES SHOVAK, Respondent, v. LONG ISLAND COMMERCIAL BANK, Appellant.

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

Decided April 29, 2008.


Ordered that the order is reversed, on the law, with costs, the defendant's motion to dismiss the complaint pursuant to CPLR 3211 (a) (1) and (7) is granted, and the plaintiff's cross motion for leave to amend the complaint is denied.

The plaintiff and the defendant entered into a written agreement by which the defendant agreed to act as mortgage broker for the plaintiff. For procuring a mortgage loan for the plaintiff, the defendant was to receive a fee from the...

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