Chase v. Scavuzzo

—In an action to recover damages for breach of contract and conversion, the defendants appeal from an order of the Supreme Court, Nassau County (McCarty, J.), dated November 25, 1992, which denied their motion, inter alia, to strike the plaintiffs note of issue and to dismiss the action.

Ordered that the order is modified, on the law, by deleting the provision denying those branches of the motion which were to strike the note of issue and dismiss the complaint and substituting therefor provisions granting those branches of the motion; as so modified, the order is affirmed, with costs to the…