Bayside Health Club, Inc. v. Weidel

In an action, inter alia, for specific performance of a contract to purchase a business, the defendants Charles Weidel and Peter Caruso appeal from so much of an order of the Supreme Court, Queens County (Rosenzweig, J.), dated September 13, 1989, as denied their motions pursuant to CPLR 3211 (a) (5) and (7) to dismiss the complaint insofar as asserted against them.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, and the motions of the appellants to dismiss the complaint insofar as asserted against them are granted.

Negotiations took place for the sale of…