Kaplon-Belo Assoc., Inc. v D'Angelo
2008 NY Slip Op 10588 [57 AD3d 948]
December 30, 2008
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, February 11, 2009


Kaplon-Belo Associates, Inc., Respondent,
v
Frank D'Angelo et al., Appellants.

[*1] William Paul Nolan, New York, N.Y., for appellants.

Reisman, Peirez & Reisman, LLP, Garden City, N.Y. (David Berg and E. Christopher Murray of counsel), for respondent.

In an action, inter alia, to recover a broker's commission on the sale of real property, the defendants appeal (1) from an order of the Supreme Court, Queens County (Agate, J.), dated March 3, 2008, which denied their motion to dismiss the complaint pursuant to CPLR 3211 (a) (7) and (8), and (2), as limited by their brief, from so much of an order of the same court dated June 18, 2008, as, upon reargument, adhered to the original determination.

Ordered that the appeal from the order dated March 3, 2008 is dismissed, as that order was superseded by the order dated June 18, 2008 made upon reargument; and it is further,

Ordered that the order dated June 18, 2008 is affirmed insofar as appealed from; and it is further,

Ordered that one bill of costs is awarded to the plaintiff.

The Supreme Court properly denied the defendants' motion to dismiss the complaint pursuant to CPLR 3211 (a) (7) and (8). Construing the pleadings in the light most favorable to the plaintiff, and accepting as true all its factual allegations (see Guggenheimer v Ginzburg, 43 NY2d 268, 275 [1977]; Schlackman v Robin S. Weingast & Assoc., Inc., 18 AD3d 729, 729-730 [2005]; Montes Corp. v Charles Freihofer Baking Co., Inc., 17 AD3d 330 [2005]), the plaintiff's complaint sufficiently states a cause of action against the defendants to recover a brokerage commission (see Greene v Hellman, [*2]51 NY2d 197, 206 [1980]; Lane—Real Estate Dept. Store v Lawlet Corp., 28 NY2d 36, 42 [1971]; Stanzoni Realty Corp. v Landmark Props. of Suffolk, Ltd., 19 AD3d 582 [2005]; Buck v Cimino, 243 AD2d 681, 684 [1997]).

The defendants' remaining contentions are without merit. Fisher, J.P., Florio, Carni and Chambers, JJ., concur.