Home Sales Realty, Inc. v. Unity Bank

In an action to recover damages for breach of contract, the plaintiffs appeal, as limited by their brief, from so much of an order of the Supreme Court, Nassau County (Lally, J.), dated November 17, 2006, as, upon converting that branch of the defendant’s motion which was to dismiss the complaint pursuant to CFLR 3211 (a) (1), (5), and (7) to a motion for summary judgment dismissing the complaint, granted that branch of the motion.

Ordered that the order is affirmed insofar as appealed from, with costs.

The defendant established its prima facie entitlement to judgment as a matter of law by…