TONGUE v. WHITE


47 Misc.2d 357 (1965)

Ethel M. B. Tongue, Individually and as Executrix of Wesley J. Barrow, Deceased, Plaintiff, v. Harlow E. White, Defendant.

County Court, Broome County.

July 13, 1965


Attorney(s) appearing for the Case

Richard A. Barber for defendant. Becker, Card & Scanlon (Bruce Becker of counsel), for plaintiff.


LOUIS M. GREENBLOTT, J.

The motion is to dismiss the plaintiff's complaint pursuant to CPLR 3211 (subd. [a], par. 7), upon the ground that it does not state facts sufficient to constitute a cause of action. The action is for the recovery of real estate commissions. Upon such a motion, only the complaint is before the court. The merits of the action cannot be passed upon and speculation may not be indulged as...

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