Mastro, J.P., Dillon, Covello, Dickerson, JJ. Decided: Feb. 9, 2010, 985/08

Christopher X. Maher, LLC, Carmel, N.Y., for appellant and defendant Allen Tischler, d/b/a Tischler Competitive Engines (one brief filed).

Corbally, Gartland and Rappleyea, LLP, Poughkeepsie, N.Y. (Allan B. Rappleyea of counsel), for respondent.

APPEAL by the defendant Wayne D. Guinn, in an action to recover damages for breach of contract; violation of General Business Law §349, and fraud, as limited by his brief, from so much of an order of the Supreme Court (James V. Brands, J.), dated July 18, 2008, and entered in Dutchess County, as denied that branch of his motion, made jointly with the defendant Allen Tischler, d/b/a Tischler Competitive Engines, which was pursuant to CPLR 3211 (a)(8) to dismiss the complaint insofar as asserted against him for lack of personal jurisdiction.