50 A.D.2d 863 | N.Y. App. Div. | 1975
— In an action to recover damages for fraud and malpractice of an attorney, plaintiffs appeal from an order of the Supreme Court, Suffolk County, dated October 2, 1973, which granted defendant’s motion to dismiss the complaint. Order modified by (1) adding to the first decretal paragraph thereof (which provides for dismissal of the complaint) immediately before the word "complaint”, the words "first cause of action of the”; (2) adding thereto a provision that the motion is denied as to the second and third causes of action; and (3) deleting the second decretal paragraph (which directs entry of judgment). As so modified, order affirmed, without costs. Defendant’s time to answer the complaint is extended until 20 days after entry of the order to be made hereon. In August, 1964 plaintiffs, who were represented by defendant, an attorney, entered into a contract to purchase