Alba v. Lindenman

In an action, inter alia, to recover damages for breach of contract, the plaintiff appeals, as limited by its brief, from so much of an order of the Supreme Court, Suffolk County (Kit-son, J.), dated October 12, 2000, as granted the motion of the defendant Joseph Rudy to dismiss the complaint insofar as asserted against him pursuant to CPLR 3211.

Ordered that the order is affirmed insofar as appealed from, with costs.

The plaintiff, former counsel to defendant Kathleen Linden-man, seeks to enforce an alleged oral promise made by Linden-man’s brother, the codefendant Joseph Rudy, to pay for his…