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MONA AND JACKS CLOTHING, INC., DOING BUSINESS AS CHEAP JACKS CLOTHING, res, v. OLA, INC., DOING BUSINESS AS RIDGEWOOD AUTOMOTIVE CENTER, ET AL., ap

MONA AND JACKS CLOTHING, INC., DOING BUSINESS AS CHEAP JACKS CLOTHING, res, v. OLA, INC., DOING BUSINESS AS RIDGEWOOD AUTOMOTIVE CENTER, ET AL., ap — (INDEX NO. 10722/11)In an action to recover damages for negligence and breach of contract, the defendants appeal from an order of the Supreme Court, Queens County (Kitzes, J.), entered January 16, 2014, which denied their motion to dismiss the complaint based on the plaintiff's failure to comply with a conditional order of preclusion or for summary judgment dismissing the complaint, and for an award of costs, including reasonable attorneys' fees.

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MONA AND JACKS CLOTHING, INC., DOING BUSINESS AS CHEAP JACKS CLOTHING, res, v. OLA, INC., DOING BUSINESS AS RIDGEWOOD AUTOMOTIVE CENTER, ET AL., ap — (INDEX NO. 10722/11)In an action to recover damages for negligence and breach of contract, the defendants appeal from an order of the Supreme Court, Queens County (Kitzes, J.), entered January 16, 2014, which denied their motion to dismiss the complaint based on the plaintiff’s failure to comply with a conditional order of preclusion or for summary judgment dismissing the complaint, and for an award of costs, including reasonable attorneys’ fees.

ORDERED that the order is reversed, on the law and in the exercise of discretion, with costs, the defendants’ motion is granted, and the matter is remitted to the Supreme Court, Queens County, for a hearing and determination with respect to that branch of the defendants’ motion which was for an award of costs, including reasonable attorneys’ fees.

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