Appellate Division of the Supreme Court of the State of New York June 21, 2011 (DAIJ, Inc. v. Roth)

In an action, inter alia, to recover damages for breach of contract, the plaintiff appeals from an order of the Supreme Court, Nassau County (Iannacci, J.), entered January 9, 2009, which granted the defendants’ motion to dismiss the complaint pursuant to CPLR 3211 (a) (4).

Ordered that the order is affirmed, with costs.