Appellate Division of the Supreme Court of the State of New York October 13, 1998 (Ocean Side Institutional Industries, Inc. v. United Presbyterian Residence)

In an action, inter alia, to recover damages for breach of contract, the defendants appeal from an order of the Supreme Court, Nassau County (Bucaria, J.), dated July 22, 1997, which denied the defendants’ motion pursuant to CPLR 3211 (a) (7) to dismiss the complaint insofar as asserted against the defendants Morningside House a/k/a Aging In America, Inc., and William T. Smith.