BAY TERRACE COOP. SECTION XII, INC. v. HORNSTEIN


150 A.D.2d 319 (1989)

Bay Terrace Cooperative Section XII, Inc., et al., Respondents, v. Wilburt Hornstein et al., Defendants, and Philip Kalish et al., Appellants

Appellate Division of the Supreme Court of the State of New York, Second Department.

May 1, 1989


Ordered that the order is reversed insofar as appealed from, on the law, with costs, that branch of the motion which was to dismiss the cause of action sounding in breach of contract insofar as it is asserted against the appellants is granted, and the action against the remaining defendants is severed.

We find that the Supreme Court, Queens County, erred in determining that a prior order dated July 2, 1985 (Goldstein, J.), held that personal jurisdiction had been...

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