Fiber Consultants, Inc. v. Fiber Optek Interconnect Corp.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action, inter alia, to recover damages for breach of contract, the defendant Michael S. Pascazi appeals, as limited by his brief, from so much an order of the Supreme Court, Dutchess County (Brands, J.), dated October 1, 2009, as denied that branch of his cross motion which was pursuant to CPLR 3216 to dismiss the complaint insofar as asserted against him for failure to prosecute and granted that branch of the plaintiffs motion which was for summary judgment on the eighth cause of action insofar as asserted against him to the extent of finding that the plaintiff was entitled to an award…
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