Orlando v. New York Homes By J & J Corp.

In an action to recover damages for personal injuries, the defendant Joseph DeLuca appeals, as limited by his brief, from so much of an order of the Supreme Court, Suffolk County (Molia, J.), dated March 4, 2014, as denied that branch of his motion which was pursuant to CPLR 3211 (a) (7) to dismiss the complaint insofar as asserted against him, with leave to renew upon the completion of disclosure.

Ordered that the order is affirmed insofar as appealed from, with one bill of costs payable to the respondent.

When a defendant submits evidence in support of a motion to dismiss pursuant to CPLR…