Martino v. Ford

—In an action to recover damages for breach of contract, the defendant appeals from an order of the

Supreme Court, Nassau County (Lockman, J.), dated April 30, 1998, which denied his motion pursuant to CPLR 3211 (a) (5) and (8) to dismiss the complaint.

Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.

The plaintiff commenced an action in 1996 to recover damages resulting from the defendant’s alleged breach of a loan agreement, and the defendant moved to dismiss the complaint on the ground that the plaintiff had failed to properly…