Sta-Brite Services, Inc. v. Sutton
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action to recover damages for breach of contract, the plaintiff appeals from an order of the Supreme Court, Richmond County (Gigante, J.), dated April 6, 2004, which converted the defendants’ motion to dismiss the complaint pursuant to CFLR 3211 (a) (1), (3), and (7) into one for summary judgment, and granted the motion.
Ordered that the order is reversed, on the law, with costs, the motion is denied, and the complaint is reinstated.
The plaintiff commenced this action to recover damages for breach of contract. The defendants moved to dismiss the complaint pursuant to CFLR 3211 (a) (1),…
2Cases cited7 opinions
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- Yew Prospect, LLC v. SzulmanAppellate Division of the Supreme Court of the State of New York · 2003
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