Appellate Division of the Supreme Court of the State of New York December 18, 1995 (Wallice v. Waterpointe at Oakdale Shores, Inc.)

—In an action to recover a broker’s commission, the defendant Fleet Bank appeals from an order of the Supreme Court, Suffolk County (Gerard, J.), dated April 25, 1994, which denied its motion pursuant to CPLR 3211 (a) (7) to dismiss the complaint insofar as it is asserted against it.

Ordered that the order is affirmed, with costs.