51 A.D.2d 567 | N.Y. App. Div. | 1976
In an action inter alia to recover damages for fraud, (1) plaintiffs appeal from so much of an order of the Supreme Court, Orange County, dated April 28, 1975, as dismissed their second cause of action as against respondents and (2) appellant Aetna Casualty and Surety Company cross-appeals from so much of the said order as (a) failed to grant their motion for summary judgment as to the first and second causes of action and (b) granted plaintiffs the right to inspect all books and records of Aetna which relate to certain performance bonds issued by it on behalf of Hambly Construction Company. Order modified, on the law, by deleting therefrom (1) the provisions which "continued” Aetna’s motion for summary judgment with respect to the first and second causes of action and substituting therefor a provision granting the said motion as to those causes of action and (2) the provision with regard to inspection of Aetna’s books and records. As so modified, order