Rosen v. Watermill Development Corp.

In an action, inter alia, to recover damages for breach of warranty, the defendants appeal from so much of an order of the Supreme Court, Suffolk County (Doyle, J.), dated October 24, 2002, as denied those branches of their motion pursuant to CPLR 3211 (a) (1) and (7) which were to dismiss the first through sixth and eighth through tenth causes of action in the complaint based upon documentary evidence and for failure to state a cause of action.

Ordered that the order is modified by (1) deleting the provisions thereof denying those branches of the motion which were *425to dismiss the ninth and…