HILLER v. LIPS REALTY


102 Misc.2d 367 (1979)

Judy Hiller, Plaintiff, v. Helen L. Lips Realty, Inc., et al., Defendants.

Supreme Court, Erie County.

December 4, 1979.


Attorney(s) appearing for the Case

Garvey, Magner, Sullivan & Love (Daniel F. Novak of counsel), for Helen L. Lips Realty, Inc., defendant. William D. Scott for plaintiff.


RUDOLPH U. JOHNSON, J.

Defendant, Helen L. Lips Realty, Inc., pursuant to notice of motion, seeks an order dismissing the complaint of the plaintiff, Judy Hiller, on the grounds that it fails to state a cause of action.

Plaintiff's complaint alleges in substance that on January 16, 1976, defendant, as agent of the plaintiff, negotiated a sale of plaintiff's residence and accepted as a deposit checks totaling $2,400. These checks were never cashed...

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