Appellate Division of the Supreme Court of the State of New York December 5, 2006 (J. Tortorella Swimming Pools, Inc. v. Incredible Coatings Corp.)

In an action to recover damages for breach of contract, the plaintiff appeals from an order of the Supreme Court, Suffolk County (Emerson, J.), dated January 6, 2006, which granted the defendant’s motion to dismiss the action and denied its cross motion to compel the defendant to accept service of its complaint.

Ordered that the order is affirmed, with costs.