DOBBS v. SMITH

4150. 652175/14.

151 A.D.3d 418 (2017)

2017 NY Slip Op 04367

52 N.Y.S.3d 860

DAVID A. DOBBS, Appellant, v. COLIN SMITH, Respondent.

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

Decided June 1, 2017.


Movant's motion for summary judgment dismissing the breach of contract claims against him was correctly granted upon movant's unrebutted showing that he was not the "Colin M. Smith" with whom plaintiff had contracted. However, since movant sought dismissal only as against himself, plaintiff's request that the action be allowed to continue against the individual who, it appears, assumed movant's identity, i.e., the "Colin M. Smith" who represented himself to be an attorney...

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