Feng Xiaowen v. Wang Ding Ho

In an action, inter alia, to recover damages for breach of contract, the plaintiffs appeal from an order of the Supreme Court, Queens County (Weiss, J.), dated June 9, 2014, which granted the defendant’s motion pursuant to CPLR 3211 (a) (1) and (7) to dismiss the complaint.

Ordered that the order is affirmed, with costs.

The Supreme Court properly granted that branch of the defendant’s motion which was pursuant to CPLR 3211 (a) (1) and (7) to dismiss the cause of action alleging breach of contract. The complaint does not allege that the defendant failed to perform any of the obligations that…