Fred Tuck & Co. v. Bronxville Properties, Inc.

—In an, action, inter alia, to recover damages for breach of contract, the defendants appeal, as limited by their brief, from so much of an order of the Supreme Court, Westchester County (Rosato, J.), entered February 3, 1999, as denied that branch of their motion which was to dismiss the complaint insofar as asserted against the defendant Jack Dweck for failure to state a cause of action.

Ordered that the appeal by the defendant Bronxville Properties, Inc., is dismissed for failure to perfect (see, 22 NYCRR 670.8 [e] [1]); and it is further,

Ordered that the order is affirmed insofar as…