Regency Club at Wallkill, LLC v. Appel Design Group, P.A.

In an action to recover damages for professional malpractice and breach of contract, the defendants appeal, as limited by their brief, from so much of an order of the Supreme Court, Orange County (Onofry, J.), dated November 21, 2011, as denied that branch of their motion which was pursuant to CFLR 3211 (a) (2) to dismiss, for lack of subject matter jurisdiction, so much of the complaint as purportedly sought indemnification or contribution for violations of Executive Law § 296, and denied that branch of their motion which was pursuant to CFLR 3211 (a) (5) to dismiss the complaint as…