Eisner Computer Solutions, LLC v. Gluckstern

Order, Supreme Court, New York County (Emily Goodman, J.), entered on or about August 21, 1998, which granted defendant’s motion to dismiss the complaint pursuant to CPLR 3211, unanimously modified, on the law, to deny defendant’s motion with respect to plaintiffs first cause of action for breach of contract and to reinstate that cause, and otherwise affirmed, without-costs.

The motion court dismissed plaintiffs breach of contract cause of action upon the ground that there was no privity of contract between defendant and plaintiff, the alleged assignee of the contract sued upon between…