STA-BRITE SERVICES, INC. v. SUTTON


17 A.D.3d 570 (2005)

794 N.Y.S.2d 70

STA-BRITE SERVICES, INC., Appellant, v. JACK SUTTON et al., Respondents.

Appellate Division of the Supreme Court of the State of New York, Second Department.

April 18, 2005.


Ordered that the order is reversed, on the law, with costs, the motion is denied, and the complaint is reinstated.

The plaintiff commenced this action to recover damages for breach of contract. The defendants moved to dismiss the complaint pursuant to CPLR 3211 (a) (1), (3), and (7) contending, inter alia, that the plaintiff was not the real party in interest.

Although the defendants' motion was made pursuant to CPLR 3211, the Supreme Court treated it as one...

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