85 A.D.2d 592 | N.Y. App. Div. | 1981
In an action to recover damages for breach of an oral agreement and for negligent and fraudulent representations concerning that agreement, defendant Subaru Distributors Corporation appeals from so much of an order of the Supreme Court, Nassau County (McGinity, J.), entered November 7, 1980, as denied that part of its motion which was to dismiss the complaint or for summary judgment. Order affirmed insofar as appealed from, with $50 costs and disbursements. Since the appellant’s motion to dismiss was addressed to the complaint as a whole, it must be