Decided July 28, 2009
Before Spolzino, J.P.; Fisher, Dillon, Miller, Eng, JJ.

APPEAL by the defendants, in an action, inter alia, to recover damages for breach of contract, from an order of the Supreme Court (Paul J. Baisley, Jr., J.), dated July 18, 2007, and entered in Suffolk County, which denied their motion pursuant to CPLR 3211(a)(1) and (7) to dismiss the complaint insofar as asserted against the defendant Victor Canseco individually.

Esseks, Hefter & Angel, LLP, Riverhead, N.Y. (Theodore D. Sklar of counsel), for appellants.