FUTERSAK v. PERL

2010-04225, 2010-07330.

84 A.D.3d 1309 (2011)

923 N.Y.S.2d 728

SAM FUTERSAK, Respondent, v. SHELDON PERL, Also Known as SHLOIME PERL, et al., Appellants.

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

Decided May 31, 2011.


Ordered that the appeal from the order is dismissed; and it is further,

Ordered that the judgment is reversed, on the law, the defendants' motion for summary judgment dismissing the complaint is granted, the plaintiff's cross motion for summary judgment on its cause of action alleging breach of contract is denied, the order is modified accordingly, and the complaint is dismissed; and it is further;

Ordered that one bill of costs is awarded to the defendants...

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