Broyles & Broyles, Inc. v. Rainbow Square, Ltd.

— Order unanimously modified, on the law, and, as modified, affirmed, without costs, in accordance with the following memorandum: We agree with *934the denial of defendants’ motion to dismiss the complaint for failure to state a cause of action (CPLR 3211 [a] [7]) for reasons stated at Special Term. However, we reverse Special Term’s order insofar as it directs defendant to produce Bennett J. Halpern for a deposition upon oral questions.

This is an action for breach of contract and for the reasonable value of work, labor and services performed by plaintiff for defendant in connection with the…