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GOLDSTEIN v. DERECKTOR HOLDINGS, INC.

2010-05775.

85 A.D.3d 728 (2011)

924 N.Y.S.2d 804

2011 NY Slip Op 5020

JEFFREY S. GOLDSTEIN, Appellant, v. DERECKTOR HOLDINGS, INC., Respondent.

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

Decided June 7, 2011.

Ordered that the order is reversed, and on the law, with costs, and the defendant's motion pursuant to CPLR 3211 (a) (1) and (7) to dismiss the second amended complaint is denied.

In a prior order in this action dated December 24, 2009, the Supreme Court dismissed, pursuant to CPLR 3211 (a) (1) and (7), the first cause of action in the first amended complaint, which sought to recover damages for breach of contract. The Supreme Court also dismissed, pursuant to CPLR...

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