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GIANELLI v. RE/MAX OF N.Y., INC.

2014-11862, Index No. 5905/13.

144 A.D.3d 861 (2016)

2016 NY Slip Op 07622

41 N.Y.S.3d 273

VINCENT J. GIANELLI, Appellant, v. RE/MAX OF NEW YORK, INC., Respondent.

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

Decided November 16, 2016.

Ordered that the order is affirmed, with costs.

In November 2011, the plaintiff entered into a franchise agreement with the defendant, RE/MAX of New York, Inc. (hereinafter RMNY), for a RE/MAX office in Queens. In May 2013, the plaintiff commenced this breach of contract action, alleging that he had sustained damages as a result of RMNY's failure to obtain the assignment of a telephone number from a former franchisee (...

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