Appellate Division of the Supreme Court of the State of New York February 23, 1998 (Jobin Waterproofing Corp. v. Dember Construction Corp.)

In an action to recover damages for breach of contract, the defendants Bryant Park Restoration Corporation and Grand Central Partnership appeal from an order of the Supreme Court, Nassau County (Burke, J.), dated December 20, 1996, which denied their motion to dismiss the fourth cause of action for failure to state a cause of action.

Ordered that the order is affirmed, with costs.