47 A.D.2d 531 | N.Y. App. Div. | 1975
In a libel and slander action, plaintiff appeals from (1) an order of the Supreme Court, Kings County, dated May 16, 1974, which (a) granted respondents’ motion (i) for summary judgment as to the second cause of action and (ii) to dismiss all eight causes for legal insufficiency insofar as they are directed against respondents and (b) severed the action as to defendant Mary A. Kenny, and (2) a judgment of the same court, entered May 30, 1974, in favor of respondents. Order modified, on the law, by (1) striking from the first decretal paragraph thereof the words “ in all respects ”, (2) inserting in said paragraph, immediately after the provision that the motion is granted as to defendants Cleary and Zimet, the following: “only to the extent of dismissing the sixth and seventh causes of action and otherwise denied ” and (3) deleting the remaining decretal paragraphs and substituting therefor a provision severing the remaining causes of action. Judgment modified, on the law, by (1) inserting in the decretal paragraph thereof, immediately before the