Vassar College v. Marshall & Sterling, Inc.

Appeal from an order of the Supreme Court, Dutchess County (James V. Brands, J.), dated October 6, 2014. The order denied the defendant’s motion pursuant to CPLR 3211 (a) (7) to dismiss the complaint.

Ordered that the order is modified, on the law, by deleting the provision thereof denying that branch of the defendant’s motion pursuant to CPLR 3211 (a) (7) which was to dismiss the complaint insofar as asserted by the plaintiff Vassar College, and substituting therefor a provision granting that branch of the motion; as so modified, the order is affirmed, without costs or disbursements.

The…