Mazarella v. Electropep Data-comm Products, Inc.

In an action to recover damages for breach of contract, the defendants Mark Lemelman, Brian Lemelman, and Neil Lemelman appeal from an order of the Supreme Court, Nassau County (Schmidt, J.), entered July 3, 1996, which denied their motion to dismiss the third cause of action in the plaintiff’s second amended complaint.

Ordered that the order is affirmed, with costs.

The allegations contained in the third cause of action of the plaintiff’s second amended complaint, including but not limited to those which accuse the appellants of the diversion of corporate assets to themselves “solely with the…