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TOOBIAN-SANI ENTERPRISES, INC. v. BRONFMAN FISHER REAL ESTATE HOLDINGS, LLC

10965.

182 A.D.3d 504 (2020)

120 N.Y.S.3d 777

2020 NY Slip Op 02532

Toobian-Sani Enterprises, Inc., Appellant, v. Bronfman Fisher Real Estate Holdings, LLC, et al., Respondents, et al., Defendants.

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

Decided April 30, 2020.

The Referee's determination that Kranzler ceased to be Bronfman Fisher's agent on January 1, 2008, and was subsequently Dan's agent from May 1 to July 31, 2008, is unsupported by the record, which contains documentary evidence that contradicts and renders incredible certain testimony offered by defendants on the agency issue (see Steingart v Hoffman, 80 A.D.3d 444 [1st Dept 2011]). Accordingly, defendants' position that Kranzler...

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