CAMPERLINO v. BARGABOS

CA 11-02385.

96 A.D.3d 1582 (2012)

946 N.Y.S.2d 814

2012 NY Slip Op 4873

W. JAMES CAMPERLINO, Respondent, v. DAN E. BARGABOS et al., Appellants.

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

June 15, 2012.


It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: In this breach of contract action, defendants appeal from an order that, inter alia, denied their pre-answer motion to dismiss the complaint pursuant to CPLR 3211 (a) (1), (5) and (7), and directed them to serve an answer. We reject defendants' contention that, pursuant to a plain reading of paragraph 10 of the parties' purchase contract, plaintiff is not entitled...

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