81 A.D.2d 607 | N.Y. App. Div. | 1981
— In an action, inter alia, for an accounting based upon an oral partnership agreement, plaintiff appeals from an order of the Supreme Court, Westchester County, dated May 10, 1979, that granted defendant’s motion to dismiss the causes of action asserted in the complaint, with prejudice, on the ground that enforcement of the causes of action would violate public policy and denied plaintiff’s motion to replead. Order modified, on the law, (1) by deleting from the first decretal paragraph all language after the word “granted” and substituting the following: “as to the third cause of action and is otherwise denied”, and (2) by adding to the second decretal paragraph, after the word “defendant”, the following: “as to the third cause of action.” As so modified, order affirmed, with $50 costs and disbursements to the plaintiff, and the first and second causes of action are reinstated. Defendant’s time to answer with respect thereto is extended until 20 days after