GATZ v. FOSTER


159 A.D.2d 482 (1990)

Walter Gatz et al., Respondents, v. Arthur P. Foster, Appellant

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

March 5, 1990


Ordered that the order is affirmed, with costs.

We find that the Supreme Court properly denied the defendant's motion to dismiss the complaint, without prejudice to renew, since we are unable to conclusively determine, on the basis of the present record, whether the defendant was a party to the underlying contract or whether he may be held legally responsible for the damages resulting from the breach of that contract.

The judgment in favor of the plaintiffs...

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