Appellate Division of the Supreme Court of the State of New York August 22, 2012 (Yellow Book Sales & Distribution Co. v. Hillside Van Lines, Inc.)

In an action to recover damages for breach of contract, the defendants appeal from an order of the Supreme Court, Suffolk County (Emerson, J.), dated July 28, 2011, which granted the plaintiffs motion pursuant to CPLR 3211 (a) (1) and (7) to dismiss the counterclaims of the defendant Hillside Van Lines, Inc.