Opinion
2003-1292 NC.
Decided September 20, 2004.
Appeal by defendants from an order of the District Court, Nassau County (J. Spinola, J.), dated June 13, 2003, which denied their motion to dismiss the action pursuant to CPLR 3211 (a) (7).
Order unanimously affirmed without costs.
PRESENT: McCABE, P.J., COVELLO and TANENBAUM, JJ.
In an action to recover $12,182.86 for the delivery of oxygen supplies to the Nassau County Police Department for use in police emergency vehicles, upon review of the record, we find that the court below properly found that the facts alleged in the complaint, accepted as true, fit within a cognizable legal theory.