Metro Kitchenworks Sales, LLC v. Continental Cabinets, LLC

In an action, inter alia, to recover damages for breach of contract, the plaintiff appeals, as limited by its brief, from so much of an order of the Supreme Court, Dutchess County (Brands, J.), dated February 17, 2005, as granted that branch of the defendant’s pre-answer motion which was, in effect, to dismiss the amended complaint pursuant to CFLR 3211 (a) (1) and (3), and the defendant cross-appeals from so much of the same order as denied that branch of its cross motion which was to impose a sanction upon the plaintiff.

Ordered that the order is reversed insofar as appealed from, on the…