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POSSON v. PRZESTRZELSKI

509446.

77 A.D.3d 1268 (2010)

910 N.Y.S.2d 579

RICHARD E. POSSON, Doing Business as POSSON REALTY, Respondent, v. DAVID PRZESTRZELSKI, Defendant and Third-Party Plaintiff-Appellant. DOLORES A. HAYES, Third-Party Defendant-Respondent.

Appellate Division of the Supreme Court of New York, Third Department.

Decided October 28, 2010.

MALONE JR., J.

On the prior appeal involving these actions concerning a real estate broker commission, this Court affirmed an order of Supreme Court (Garry, J.), which, among other things, denied defendant's motion for summary judgment dismissing the complaint (Posson v Przestrzelski, 57 A.D.3d 1301 [2008]). Thereafter, third-party defendant moved for summary judgment dismissing...

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