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S & J SERV. CENTER, INC. v. COMMERCE COMMERCIAL GROUP, INC.

2019-02625. Index No. 59714/18.

178 A.D.3d 977 (2019)

112 N.Y.S.3d 584

2019 NY Slip Op 09049

S & J Service Center, Inc., Appellant, v. Commerce Commercial Group, Inc., Respondent.

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

Decided December 18, 2019.

Attorney(s) appearing for the Case

Cohen & Spector, White Plains, NY ( Julius W. Cohn of counsel), for appellant.

Burchetta & Associates, New York, NY ( James D. Burchetta of counsel), for respondent.

Balkin, J.P., LaSalle, Connolly and Iannacci, JJ., concur.

Ordered that the order is reversed, on the law, with costs, and the defendant's motion pursuant to CPLR 3211(a) to dismiss the complaint is denied.

The parties entered into a letter of intent (hereinafter the LOI) for the defendant to lease a gas station and convenience store from the plaintiff. The plaintiff subsequently commenced an action, inter alia, to recover damages for breach of contract. The defendant moved to dismiss the complaint pursuant to CPLR 3211(a...

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