Appellate Division of the Supreme Court of the State of New York October 21, 1982 (Crisafulli v. Battaglioli)

Appeal from an order of the Supreme Court at Special Term (Hughes, J.), entered October 26, 1981 in Albany County, which denied defendants’ motion to dismiss the complaint pursuant to CPLR 3211. Freshy’s International, Inc. (hereinafter Freshy’s) leased premises at Queensbury, New York, for a restaurant. Defendant Tomato Construction, Inc.