Leon Holdings, LLC v. Northville Industries Corp.

In an action, inter alia, for indemnification and to recover damages for breach of contract and pursuant to Navigation Law § 181, the defendant appeals from an order of the Supreme Court, Nassau County (Driscoll, J.), dated December 5, 2013, which denied its pre-answer motion pursuant to CPLR 3211 (a) to dismiss the amended complaint.

Ordered that the order is reversed, on the law, with costs, and the defendant’s motion pursuant to CPLR 3211 (a) to dismiss the amended complaint is granted.

The defendant formerly leased property used as a gas station. In 1992, during the term of the defendant’s…