Fulbright & Jaworski, LLP v. Carucci

Order, Supreme Court, New York County (Walter B. Tolub, J.), entered December 10, 2008, which denied defendant Sal Carucci’s motion to dismiss the complaint as against him pursuant to CPLR 3211 (a), unanimously reversed, on the law, with costs, and the motion granted. The Clerk is directed to enter judgment in favor of defendant Carucci dismissing the complaint as against him.

Plaintiff commenced this action against defendant Seasons Contracting Corp. and defendant Carucci, Seasons’ president, to recover legal fees. In the complaint, plaintiff alleged, in relevant part, that:

“4. Prior to…