Frank v. Toymax International, Inc.

In an action to recover damages for breach of an employment contract, the defendant appeals from so much of an order of the Supreme Court, Suffolk County (Henry, J.), dated September 25, 2003, as denied that branch of its motion pursuant to CPLR 3211 (a) (7) which was to dismiss the fifth and seventh causes of action in the plaintiffs second amended complaint and the plaintiff cross-appeals from the same order.

Ordered that the cross appeal is dismissed as abandoned; and it is further,

Ordered that the order is affirmed insofar as appealed from; and it is further,

Ordered that one bill of costs…