Gaetano Development Corp. v. Lee
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In two related actions, inter alia, to recover damages for breach of contract, the defendants appeal from an order of the Supreme Court, Westchester County (Giacomo, J.), entered October 3, 2012, which granted the plaintiffs motion in action No. 1 to restore that action to the pre-note of issue calendar and join it for trial with action No. 2, and denied their motion pursuant to CPLR 3211 (a) to dismiss the complaint in action No. 2.
Ordered that the order is modified, on the law, by deleting the provision thereof denying those branches of the defendants’ motion pursuant to CPLR 3211 (a) which…
2Cases cited11 opinions
- Guggenheimer v. GinzburgNew York Court of Appeals · 1977
- Fontanetta v. John Doe 1Appellate Division of the Supreme Court of the State of New York · 2010
- Stark v. Molod Spitz DeSantis & Stark, P.C.New York Court of Appeals · 2007
- First Keystone Consultants, Inc. v. DDR Construction ServicesAppellate Division of the Supreme Court of the State of New York · 2010
- Agoglia v. BenepeAppellate Division of the Supreme Court of the State of New York · 2011
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