Davidson Metals Corp. v. Marlo Development Co.

—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, Nassau County (Murphy, J.), dated September 23, 1996, as granted those branches of the defendants’ motion which were to dismiss the plaintiffs third and fourth causes of action, and denied the plaintiffs cross motion for leave to enter a default judgment and to impose sanctions.

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

The Supreme Court properly dismissed the plaintiffs third cause of action alleging…