Appellate Division of the Supreme Court of the State of New York April 8, 1996 (Mike Williams Transfer, Inc. v. Bryne)

In an action to recover damages for breach of contract, the plaintiff appeals from an order of the Supreme Court, Nassau County (McCarty, J.), entered April 10, 1995, which granted the motion of the defendants Jimmy Byrne, individually, and Jimmy Byrne d/b/a Jimmy Byrne Trucking to dismiss the complaint insofar as asserted against them pursuant to CPLR 3211 (a) (5).