Gordon & Breach Science Publishers, Inc. v. New York Systems Exchange, Inc.

—Order, Supreme Court, New York County (Charles Ramos, J.), entered May 12, 1998, which, inter alia, granted the motion of International Business Machines Corporation (IBM) to dismiss the complaint as against it, unanimously affirmed, with costs.

Although defendant IBM moved pursuant to both CPLR 3211 (a) (7) and 3212 (c) to dismiss the complaint against it, the complaint was ultimately dismissed as to IBM by the motion court pursuant to CPLR 3211 (a) (7), for plaintiffs failure to state a cause of action for breach of contract. This disposition was correct since plaintiff failed in its…