Encore Lake Grove Homeowners Ass'n v. Cashin Associates

In an action to recover damages for breach of contract and negligence, (1) the plaintiffs appeal, as limited by their brief, from so much of an order of the Supreme Court, Suffolk County (Farneti, J.), dated January 12, 2012, as granted those branches of the defendant’s motion which were pursuant to CPLR 3211 (a) to dismiss the first and second causes of action in the complaint, and (2) the defendant cross-appeals, as limited by its brief, from so much of the same order as denied that branch of its motion which was to dismiss the complaint on the ground that the plaintiffs failed to comply…