Gitseg v. Herbst

—In an action, inter alia, to re*381cover damages for breach of contract, the defendants appeal from an order of the Supreme Court, Nassau County (Murphy, J.), dated March 30,1994, which, inter alia, denied that branch of their motion which was for summary judgment dismissing the complaint insofar as it is asserted against Edward Herbst in his individual capacity, and granted the plaintiffs’ cross motion for leave to serve an amended complaint and bill of particulars.

Ordered that the order is modified, on the law, by deleting the provision thereof which denied that branch of the defendants’…