Repecki v. Parex Inc.

—In an action, inter alia, to recover damages for breach of contract and breach of warranty, the plaintiffs appeal from an order of the Supreme Court, Westchester County (Barone, J.), entered October 10, 2001, which denied their motion to discontinue their causes of action alleging breach of warranty and granted the cross motion of the defendant Horton Building Corp. pursuant to CPLR 3211 (a) (7) to dismiss the seventh, eighth, ninth, and twelfth causes of action.

Ordered that the order is affirmed, with costs.

The Supreme Court properly granted those branches of the cross motion of the…