Roth v. Goldman
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action, inter alia, to recover dam*406ages for breach of contract, the defendant appeals from so much of an order of the Supreme Court, Nassau County (DiNoto, J.), entered June 27, 1997, as upon, in effect, converting the defendant’s motion pursuant to CPLR 3211 (a) (1) and (7) to dismiss the complaint into a motion for summary judgment, denied the motion.
Ordered that the order is affirmed insofar as appealed from, with costs.
The defendant moved pursuant to CPLR 3211 (a) (1) and (7) to dismiss the plaintiffs complaint. In the order appealed from, Justice DiNoto stated, incorrectly, that the…
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