100 A.D.2d 892 | N.Y. App. Div. | 1984
In an action to recover damages for breach of contract, defendant Nicastro appeals from so much of an order of the Supreme Court, Queens County (Buschmann, J.), dated June 6, 1983, as denied that branch of his motion which was to dismiss the first cause of action of the complaint as against him “without prejudice to renewal following his examination before trial by plaintiff”. 11 Order reversed insofar as appealed from, on the law, without costs or disbursements, and that branch of defendant Nicastro’s motion which was to dismiss the first cause of action of the