Kroy Tanning Co. v. Brentwood Yarn Mills, Inc.

— In an action to recover the value of goods sold and delivered, defendant appeals from an order of the Supreme Court, Suffolk County (DeLuca, J.), entered December 2,1982, which denied its motion pursuant to CPLR 3211 (subd [a], pars 5, 7) to dismiss the complaint.

Order modified, on the law, by adding thereto, after the word “denied”, the following: “only insofar as it seeks dismissal under CPLR 3211 (subd [a], par 5) and is granted insofar as it seeks dismissal pursuant to CPLR 3211 (subd [a], par 7)”. As so modified, order affirmed, without costs or disbursements.

The complaint alleges that…