Opinion
December 1, 1997
Appeal from the Supreme Court, Suffolk County (Hall, J.).
Ordered that the order is affirmed insofar as appealed from, with costs.
We agree with the Supreme Court's conclusion that the plaintiff's first cause of action is sufficient to withstand a motion to dismiss pursuant to CPLR 3211 (a) (1) and (7). Furthermore, the damages alleged in the complaint constituted consequential damages which may be recoverable ( see, Kenford Co. v. County of Erie, 73 N.Y.2d 312; Affiliated Credit Adjustors v. Carlucci Legum, 139 A.D.2d 611).
Rosenblatt, J. P., Miller, Copertino and Goldstein, JJ., concur.