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SULLO v. MARGAB REALTY, LLC

109246/07.

2008 NY Slip Op 51375 (U)

JOSEPH SULLO and 315 WEST 35TH LLC, Plaintiffs, v. MARGAB REALTY, LLC, ZIKI GABRIELLI, COOPERSMITH & COOPERSMITH and RICHARD COOPERSMITH, Defendants.

Supreme Court of the State of New York, New York County.

Decided June 11, 2008.

Attorney(s) appearing for the Case

Plaintiffs were represented by Wedeen & Kavanagh, New York, NY, Timothy Wedeen, Esq.

Defendants Coppersmith & Coppersmith and Richard Coopersmith, Esq. were represented by Callan, Koster, Brady & Brennan, LLP, New York, NY, Marc. R. Wilner, Esq.

HERMAN CAHN, J.

Defendant, attorney Richard Coopersmith and his law firm, Coopersmith & Coopersmith (collectively, Coopersmith) move to dismiss the complaint, on the grounds that there is a defense based on the documentary evidence and that the Complaint fails to state a cause of action, CPLR 3211 (a) (1) and (a) (7).

As discussed below, the motion to dismiss the Complaint as against Coopersmith is granted.1

BACKGROUND...

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