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ARFA v. ZAMIR

55 A.D.3d 508 (2008)

RACHEL L. ARFA et al., Plaintiffs, v. GADI ZAMIR et al., Defendants. MINTZ, LEVIN, COHN, FERRIS, GLOVSKY & POPEO, P.C., Intervenor-Respondent; 546-552 WEST 146TH STREET LLC et al., Intervenors-Appellants. (And Other Actions.)

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

October 30, 2008.

Mintz's breach of contract claims were correctly sustained since it cannot be determined as a matter of law that the written letters of engagement insufficiently explained the scope of the work allegedly performed by Mintz on behalf of the Property LLCs (see 22 NYCRR 1215.1). The factual allegations in Mintz's complaint and in its attorney's affirmation are not plainly contradicted by the letters (CPLR 3211 [a] [1]; see Bishop v Maurer, 33 A...

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