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HYMOWITZ v. NGUYEN

2019-11730. Index No. 519547/18.

209 A.D.3d 997 (2022)

177 N.Y.S.3d 143

2022 NY Slip Op 05997

Charles M. Hymowitz et al., Appellants, v. Hoang Q. Nguyen et al., Respondents.

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

Decided October 26, 2022.

Attorney(s) appearing for the Case

Leonard B. Sukherman & Associates, P.C., Brooklyn, NY (Charles M. Hymowitz pro se, Michael Glidden , and Pollack, Pollack, Isaac and DeCicco, LLP [ Brian J. Isaac ], of counsel), for appellants.

Nguyen Leftt, P.C., New York, NY (Stephen D. Chakwin, Jr., of counsel), respondent pro se and for respondents Hoang Q. Nguyen and Andrew Derek Leftt.

LaSalle, P.J., Connolly, Genovesi and Ford, JJ., concur.

In an action, inter alia, to recover damages for breach of contract, the plaintiffs appeal from an order of the Supreme Court, Kings County (Kathy J. King, J.), dated September 27, 2019. The order granted the defendants' motion pursuant to CPLR 3211(a) to dismiss the complaint.

Ordered that the order is modified, on the law, by deleting the provisions thereof granting those branches of the defendants' motion which were pursuant to CPLR 3211(a) to dismiss so much of...

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