EXCEL REALTY ADVISORS, L.P., ETC., ap, v. SCP CAPITAL, INC. res

EXCEL REALTY ADVISORS, L.P., ETC., ap, v. SCP CAPITAL, INC. res — (INDEX NO. 8730/10)In an action, inter alia, to recover a real estate brokerage commission, the plaintiff appeals from an order of the Supreme Court, Nassau County (Warshawsky, J.), entered December 8, 2010, which, in effect, granted those branches of the separate motions of the defendants SCP Capital, Inc., SCP 2009-C34, L.P., Landes Investment Group, Inc., and LLWG Capital, Inc., and the defendants CVS Pharmacy, Inc., and CVS Caremark Corporation, which were pursuant to CPLR 3211(a) to dismiss the first cause of action insofar as asserted against each of them, and those branches of the motion of the defendants SCP 2009-C34-009, LLC, formerly known as CVS 75705 FL, LLC, SCP 2009-C34-012, LLC, formerly known as CVS 4146 FL, LLC, SCP 2009-C34-014, LLC, formerly known as CVS 75296 FL, LLC, SCP 2009-C34-015, LLC, formerly known as CVS 75241 FL, LLC, Alan Potamkin, Robert Potamkin, 2427 TX Property 1, LLC, 2427 TX Property 2, LLC, and 2427 Investments, Inc., which were pursuant to CPLR 3211(a) to dismiss the first cause of action insofar as asserted against the defendants SCP 2009-C34-009, LLC, formerly known as CVS 75705 FL, LLC, SCP 2009-C34-012, LLC, formerly known as CVS 4146 FL, LLC, SCP 2009-C34-014, LLC, formerly known as CVS 75296 FL, LLC, and SCP 2009-C34-015, LLC, formerly known as CVS 75241 FL, LLC, and the second cause of action insofar as asserted against the defendants Alan Potamkin, Robert Potamkin, 2427 TX Property 1, LLC, 2427 TX Property 2, LLC, and 2427 Investments, Inc.

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EXCEL REALTY ADVISORS, L.P., ETC., ap, v. SCP CAPITAL, INC. res — (INDEX NO. 8730/10)In an action, inter alia, to recover a real estate brokerage commission, the plaintiff appeals from an order of the Supreme Court, Nassau County (Warshawsky, J.), entered December 8, 2010, which, in effect, granted those branches of the separate motions of the defendants SCP Capital, Inc., SCP 2009-C34, L.P., Landes Investment Group, Inc., and LLWG Capital, Inc., and the defendants CVS Pharmacy, Inc., and CVS Caremark Corporation, which were pursuant to CPLR 3211(a) to dismiss the first cause of action insofar as asserted against each of them, and those branches of the motion of the defendants SCP 2009-C34-009, LLC, formerly known as CVS 75705 FL, LLC, SCP 2009-C34-012, LLC, formerly known as CVS 4146 FL, LLC, SCP 2009-C34-014, LLC, formerly known as CVS 75296 FL, LLC, SCP 2009-C34-015, LLC, formerly known as CVS 75241 FL, LLC, Alan Potamkin, Robert Potamkin, 2427 TX Property 1, LLC, 2427 TX Property 2, LLC, and 2427 Investments, Inc., which were pursuant to CPLR 3211(a) to dismiss the first cause of action insofar as asserted against the defendants SCP 2009-C34-009, LLC, formerly known as CVS 75705 FL, LLC, SCP 2009-C34-012, LLC, formerly known as CVS 4146 FL, LLC, SCP 2009-C34-014, LLC, formerly known as CVS 75296 FL, LLC, and SCP 2009-C34-015, LLC, formerly known as CVS 75241 FL, LLC, and the second cause of action insofar as asserted against the defendants Alan Potamkin, Robert Potamkin, 2427 TX Property 1, LLC, 2427 TX Property 2, LLC, and 2427 Investments, Inc.

ORDERED that the order is affirmed, with one bill of costs to the respondents appearing separately and filing separate briefs.

EXCEL REALTY ADVISORS, L.P., ETC., ap, v. SCP CAPITAL, INC. res

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