Gaydos v. Muhlbauer

In an action, inter alia, to recover damages for breach of contract, the plaintiffs appeal from an order of the Supreme Court, Suffolk County (Baisley, J.), dated November 26, 2002, which granted the motion of the defendants Fred Muhlbauer, also known as Frederick W. Muhlbauer, and Fred Muhlbauer, doing business as Brookside Construction, and the separate motion of the defendants Glenn S. Ayasse and Advantage Electric Contractors, Inc., pursuant to CPLR 3216 to dismiss the complaint insofar as asserted against them, and the defendants New York Board of Fire Underwriters and Thomas Horn…