KALMON DOLGIN AFFILIATES, INC. v. TONACCHIO

2013-00863, Index No. 11946/12.

110 A.D.3d 848 (2013)

973 N.Y.S.2d 304

2013 NY Slip Op 6660

KALMON DOLGIN AFFILIATES, INC., Respondent, v. DOMENICK TONACCHIO, Defendant, and ITZHAK KATAN, Also Known as ISAAC KATAN, et al., Appellants.

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

Decided October 16, 2013.


In an action, inter alia, to recover damages for breach of contract, the defendants Itzhak Katan, also known as Isaac Katan, 267 Sixth Street, LLC, and Noreast Development Corp. appeal, as limited by their brief, from so much of an order of the Supreme Court, Kings County (Schmidt, J.), dated September 12, 2012, as denied those branches of their motion which were pursuant to CPLR 3211 (a) (7) to dismiss the first cause of action

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