TENDLER v. BAIS KNESSES OF NEW HEMPSTEAD, INC.


52 A.D.3d 500 (2008)

860 N.Y.S.2d 551

MORDECAI TENDLER, Appellant, v. BAIS KNESSES OF NEW HEMPSTEAD, INC., Doing Business as RAV ARON JOFEN COMMUNITY SYNAGOGUE, Respondent.

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

Decided June 3, 2008.


Ordered that the order is reversed, on the law, with costs, that branch of the defendant's motion which was to dismiss the complaint pursuant to CPLR 3211 (a) (2) is denied, and the plaintiff's cross motion, in effect, for summary judgment on the issue of liability is granted.

In May 1992 the plaintiff entered into a contract with the defendant Bais Knesses of New Hempstead, Inc., doing business as Rav Aron Jofen Community Synagogue (hereinafter the Congregation)...

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