Lambert v. Marks

— In an action to recover damages for breach of contract, plaintiffs appeal from an order of the Supreme Court, Westchester County (Cerrato, J.), entered April 15, 1982, which granted the motion of defendant Edward Marks to dismiss the complaint as against him pursuant to CPLR 3211 (subd [a], par 7) for failure to state a cause of action against him. Order modified, as an exercise of discretion, by adding thereto a provision granting plaintiffs leave to replead their complaint against defendant Marks. As so modified, order affirmed, without costs or disbursements. Plaintiffs may serve an…