Opinion
2001-10350
Argued November 12, 2002
December 9, 2002.
In an action, inter alia, to recover damages for breach of contract, the plaintiffs appeal from so much of an order of the Supreme Court, Nassau County (O'Connell, J.), entered October 3, 2001, as granted that branch of the defendant's cross motion pursuant to CPLR 3211(a)(7) which was to dismiss the cause of action to recover damages for breach of contract for failure to state a cause of action.
Louis D. Stober, Jr., LLC, Garden City, N.Y. (Danielle N. Nucci of counsel), for appellants.
Nixon Peabody, LLP, Garden City, N.Y. (Amy L. Ventry and Mark A. Hartman of counsel) and Steven Cohn, Carle Place, N.Y., for respondent (one brief filed).
Before: ANITA R. FLORIO, J.P., SANDRA J. FEUERSTEIN, LEO F. McGINITY, ROBERT W. SCHMIDT, JJ.,
DECISION ORDER
ORDERED that the order is affirmed insofar as appealed from, with costs.
Construing the complaint in the light most favorable to the plaintiffs (see generally Leon v. Martinez, 84 N.Y.2d 83; Guggenheimer v. Ginzburg, 43 N.Y.2d 268; Rovello v. Orfino Realty Co., 40 N.Y.2d 633), the Supreme Court correctly determined that the plaintiffs failed to allege a cause of action to recover damages for breach of contract for violating section 14 of the parties' Collective Bargaining Agreement (see Public Authorities Law § 3403; Civil Service Law §§ 75[c], 80-a; Leon v. Lukash, 178 A.D.2d 583).
FLORIO, J.P., FEUERSTEIN, McGINITY and SCHMIDT, JJ., concur.