Aievoli v. Farley

In an action to recover damages for breach of contract and fraud, the defendant appeals from an order of the Supreme Court, Kings County (Garry, J.), dated March 7, 1995, which denied his motion pursuant to CPLR 3211 (a) (1) to dismiss the complaint.

Ordered that the order is affirmed, with costs.

The defendant moved pursuant to CPLR 3211 (a) (1) to dismiss the complaint, which asserts causes of action to recover damages for breach of contract and fraud, contending that he had contracted with an individual other than the plaintiffs. In opposition to the defendant’s motion, the plaintiffs…