J.D.'s Tire & Battery Center, Inc. v. Automobile Club of New York, Inc.

—In an action, inter alia, to recover damages for breach of contract, the defendant Automobile Club of New York, Inc., appeals from so much of an order of the Supreme Court, Rockland County (Sherwood, J.), dated October 29, 1997, as denied those branches of its motion which were to dismiss the first, second, third, fourth, fifth, and tenth causes of action in the complaint insofar as asserted against it.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, those branches of the appellant’s motion which were to dismiss the first, second, third, fourth, fifth, and…