BARRETTA REALTY v. AMERICAN ABSTRACT ASSOCIATES, INC.

2009-752 K C.

28 Misc.3d 43 (2010)

905 N.Y.S.2d 824

BARRETTA REALTY SKYLINE, a Division of REAL PROPERTY TECHNOLOGIES, LLC, Appellant, v. AMERICAN ABSTRACT ASSOCIATES, INC., Respondent.

Supreme Court, Appellate Term, Second Department.

Decided June 11, 2010.


Attorney(s) appearing for the Case

Amos Weinberg , Great Neck, for appellant.

WESTON, J.P., and GOLIA, J., concur; RIOS, J., dissents in a separate memorandum.


OPINION OF THE COURT

MEMORANDUM.

Ordered that the order is affirmed without costs.

Plaintiff commenced this action to recover the sum of $21,445 for title abstracting services allegedly rendered to defendant between August 10, 2006 and May 15, 2007. The complaint asserts causes of action for breach of contract and on an account stated. On May 14, 2008, plaintiff served a notice to produce and a notice...

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