WFB REALTY, LLC v. R & W BROKERAGE, INC.

2022-07559. Index No. 601458/22.

219 A.D.3d 1469 (2023)

196 N.Y.S.3d 149

2023 NY Slip Op 04684

WFB Realty, LLC, Respondent, v. R & W Brokerage, Inc., Appellant. (And a Third-Party Action.).

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

Decided September 20, 2023.


Attorney(s) appearing for the Case

Sullivan & Klein, LLP, New York, NY ( Robert M. Sullivan of counsel), for appellant.

John G. Aicher, Jr. , Garden City, NY, for respondent.

Duffy, J.P., Iannacci, Christopher and Voutsinas, JJ., concur.


In an action, inter alia, to recover damages for breach of contract, the defendant appeals from an order of the Supreme Court, Nassau County (Christopher G. Quinn, J.), entered August 17, 2022. The order, insofar as appealed from, denied that branch of the defendant's motion which was pursuant to CPLR 3211(a)(7) to dismiss so much of the complaint as sought an award of attorney's fees.

Ordered that the order is reversed insofar as appealed from, on the law, with costs...

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