Silverman v. Nicholson

In an action, inter alia, to recover damages for breach of contract and unjust enrichment, the plaintiffs appeal, as limited by their brief, from so much of an order of the Supreme Court, Suffolk County (Cohalan, J.), dated February 23, 2012, as granted the defendants’ motion pursuant to CPLR 3211 (a) to dismiss the complaint, and denied their cross motion for summary judgment on the first and second causes of action.

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

*1055On a motion to dismiss a complaint pursuant to CPLR 3211 (a) (7), although the facts pleaded are presumed…