Appellate Division of the Supreme Court of the State of New York November 17, 2009 (Epic Pool Corp. v. Fontecchio)

In an action,, inter alia, to recover damages for breach of contract, the plaintiff appeals from an order of the Supreme Court, Rockland County (Berliner, J.), entered October 31, 2008, which granted the defendants’ motion pursuant to CPLR 3211 (a) (7) and 3015 (e) to dismiss the complaint.

Ordered that the order is affirmed, with costs.