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JOBIN WATERPROOFING CORP. v. DEMBER CONSTR. CORP.

247 A.D.2d 587 (1998)

668 N.Y.S.2d 500

Jobin Waterproofing Corp., Respondent, v. Dember Construction Corporation, Defendant, and Bryant Park Restoration Corporation et al., Appellants

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

February 23, 1998

Ordered that the order is affirmed, with costs.

The trial court properly denied the appellants' motion to dismiss the fourth cause of action. Assuming that all of the allegations in the complaint are true, the complaint stated a cause of action against both appellants to recover damages for breach of an oral contract (see, Becker v Schwartz, 46 N.Y.2d 401; Reliance Ins. Co. v Morris Assocs.,

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