Alro Builders & Contractors, Inc. v. Chicken Koop, Inc.

Order of the Supreme Court, New York County, entered January 3, 1980, which, inter alia, granted defendant’s motion dismissing the complaint for failure to state a cause of action, unanimously modified, on the law, to deny defendant’s motion in its entirety and otherwise affirmed, without costs or disbursements. Special Term correctly concluded that the motion and cross motion for summary judgment were premature. Issue had not been joined by service of an answer (CPLR 3212). Special Term incorrectly dismissed the complaint. Although the facts alleged in the complaint appear to be unclear,…