Appellate Division of the Supreme Court of the State of New York April 18, 2005 (Sta-Brite Services, Inc. v. Sutton)

In an action to recover damages for breach of contract, the plaintiff appeals from an order of the Supreme Court, Richmond County (Gigante, J.), dated April 6, 2004, which converted the defendants’ motion to dismiss the complaint pursuant to CFLR 3211 (a) (1), (3), and (7) into one for summary judgment, and granted the motion.