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REITER RESOURCES, INC. v. GILMARTIN

10226, 652797/17.

176 A.D.3d 617 (2019)

109 N.Y.S.3d 639

2019 NY Slip Op 07737

Reiter Resources, Inc., Doing Business as Professional Accounting Sales, Respondent, v. Richard Gilmartin, Appellant.

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

Decided October 29, 2019.

Attorney(s) appearing for the Case

La Reddola, Lester & Associates, LLP, Garden City ( Steven M. Lester of counsel), for appellant.

Moulinos & Associates LLC, New York ( Peter Moulinos of counsel), for respondent.

Concur—Renwick, J.P., Manzanet-Daniels, Mazzarelli, Webber, Oing, JJ.

Plaintiff established prima facie entitlement to summary judgment on its breach of contract claim against defendant by showing the existence of a contract entitling it to 10% of the purchase price of the sale of defendant's business, plaintiff's performance thereunder, defendant's breach, and the resulting damages (see Harris v Seward Park Hous. Corp., 79 A.D.3d 425, 426 [1st Dept 2010]). Plaintiff showed that it procured a buyer...

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