DECISION AND ORDER
PAUL G. FEINMAN, Judge.
It is ordered that this motion is decided in accordance with the annexed memorandam decision and order.
In this claim seeking recovery of commissions due and owing, defendant Robert A. Siegel Auction Galleries, Inc., moves pre-answer to dismiss the amended complaint pursuant to CPLR 3211 (a) (1), (5), and (7). For the reasons which follow, the motion is granted in its entirety.
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