Milone v. Jacobson

Appeal by defendants, as limited by their brief, from so much of an order of the Supreme Court, Suffolk County, dated October 10, 1979, as denied their motion to dismiss the complaint as to the second through fifth causes of action, for failure to state a cause of action. Order reversed insofar as appealed from, on the law, without costs or disbursements, the second and third causes of action are dismissed for failure to state a cause of action and the fourth and fifth causes of action are dismissed on consent. The complaint alleged that the corporate plaintiff, as general contractor for the…