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GOLDBERG v. TORIM

11213, 151425/18.

181 A.D.3d 443 (2020)

117 N.Y.S.3d 567

2020 NY Slip Op 01561

David Goldberg, Appellant, v. Shloime Torim, Respondent.

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

Decided March 5, 2020.

Defendant's motion to dismiss under CPLR 3211(a)(7) for failure to state a cause of action was properly decided by the motion court, as such motion may be made at any time (see CPLR 3211[e]; see e.g. McMahon v Cobblestone Lofts Condominium, 161 A.D.3d 536 [1st Dept 2018]).

Plaintiff's complaint alleges, in conclusory fashion, that defendant assumed a role as plaintiff's agent when defendant allegedly purchased property...

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