Howard Borress Enterprises Inc. v. CSJ LLC

Order, Supreme Court, New York County (Rolando T. Acosta, J.), entered November 28, 2005, which, to the extent appealed from, denied defendants’ motion to dismiss plaintiffs first and second causes of action, unanimously affirmed, with costs. Appeal from order, same court and Justice, entered January 20, 2006, which directed defendants to maintain $400,000 in a segregated account pending disposition of the instant matter, unanimously dismissed, without costs, as taken from a nonappealable order.

The complaint and the affidavits submitted in opposition to the motion to dismiss allege that CSJ…