| Cammann v Kaplan |
| 2010 NY Slip Op 50166(U) [26 Misc 3d 137(A)] |
| Decided on February 1, 2010 |
| Appellate Term, Second Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This opinion is uncorrected and will not be published in the printed Official Reports. |
Appeal from an order of the Justice Court of the Town of Carmel, Putnam County (Joseph J.
Spofford, Jr., J.), entered August 22, 2008. The order, insofar as appealed from, granted
defendants' motion to dismiss the action.
ORDERED that the order, insofar as appealed from, is reversed without costs, defendants' motion to dismiss the action is denied, the action is reinstated, and the matter is remitted to the Justice Court for all further proceedings.
Plaintiff commenced this small claims action in the Justice Court (index No. 08020093) to recover a brokerage commission allegedly owed her by her former employers. Defendants moved to dismiss the action pursuant to CPLR 3211 (a) (1) and (7). The Justice Court granted defendants' motion, and the instant appeal by plaintiff ensued.
For the reasons stated in Shaydie Cammann v Peggy Kaplan, Joseph Kaplan and Prudential World Homes Realty ( Misc 3d , 2009 NY Slip Op [Appeal No. 2009-43 P C], decided herewith), the order is reversed and defendants' motion to dismiss the action is denied.
Nicolai, P.J., Tanenbaum and LaCava, JJ., concur.
Decision Date: February 01, 2010