WATERFRONT JOINTS, INC. v. TARRYTOWN BOAT CLUB, INC.

2013-06727, Index No. 51210/13.

119 A.D.3d 553 (2014)

987 N.Y.S.2d 884

2014 NY Slip Op 4918

WATERFRONT JOINTS, INC., Doing Business as STRIPED BASS RESTAURANT, Appellant, v. TARRYTOWN BOAT CLUB, INC., Respondent.

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

Decided July 2, 2014.


In an action for a declaratory judgment and to recover damages for breach of contract, the plaintiff appeals from an order of the Supreme Court, Westchester County (Smith, J.), dated May 22, 2013, which granted the defendant's motion to dismiss the complaint pursuant to CPLR 3211 (a) (1).

Ordered that the order is affirmed, with costs.

The Supreme Court properly directed the dismissal of the first three causes of action, which were for declaratory relief,...

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