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GARNER v. CHINA NATURAL GAS, INC.

2008-08895.

71 A.D.3d 825 (2010)

898 N.Y.S.2d 49

JAMES A. GARNER, Appellant-Respondent, v. CHINA NATURAL GAS, INC., et al., Respondents-Appellants, et al., Defendants.

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

Decided March 16, 2010.

Ordered that the order is modified, on the law, by deleting the provision thereof, in effect, converting that branch of the motion of the defendants China Natural Gas, Inc., Qinan Ji, and Dan Chang which was to dismiss the cause of action alleging breach of contract pursuant to CPLR 3211 (a) (1) and (7) insofar as asserted against them into a motion for summary judgment pursuant to CPLR 3212 and conditionally awarding summary judgment dismissing that cause of action insofar...

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