Leviton v. Unger

*732In an action to recover damages for breach of contract, the defendants appeal from so much of an order of the Supreme Court, Nassau County (Bucaria, J.), dated October 17, 2007, as directed a hearing to determine the validity of service of process on the defendant Scott Unger to aid in the disposition of that branch of their motion which was to dismiss the complaint insofar as asserted against that defendant pursuant to CPLR 3211 (a) (8), and denied that branch of their motion which was to dismiss the complaint pursuant to CPLR 3211 (a) (5) on the ground that it was barred by the doctrine of…