Westchester Stone, Sand & Gravel, Inc. v. Marcella

—In an action to recover damages for breach of an oral contract, the plaintiff appeals from a judgment of the Supreme Court, Westchester County (Rosato, J.), dated September 16, 1998, which, upon an order of the same court, entered July 14,. 1998, granting the respondents’ motion to dismiss the complaint insofar as asserted against them pursuant to CPLR 3015 (e) and 3211 (a) (7), is in favor of the respondents and against it. The notice of appeal from the order is deemed a premature notice of appeal from the judgment (see, CPLR 5520 [c]).

Ordered that the judgment is affirmed, with costs.

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