Cochard-Robinson v. Concepcion

In an action to recover damages for breach of contract, fraud, and negligent misrepresentation, the defendants Jorge Concepcion and Crown Construction Builders and Project Management Corp. appeal from an order of the Supreme Court, Kings County (Schmidt, J.), dated October 1, 2007, which denied their motion pursuant to CPLR 3016 (b) and 3211 (a) (1), (5) and (7) to dismiss the complaint insofar as asserted against them.

Ordered that the order is reversed, on the law, with costs, that branch of the appellants’ motion which was pursuant to CPLR 3211 (a) (1) to dismiss the complaint insofar as…