24 A.D.2d 886 | N.Y. App. Div. | 1965
In an action based on an alleged breach of contract, inducement to breach the contract, and fraud: (a) two corporate defendants appeal from an order of the Supreme Court, Kings County, entered May 18, 1965, which denied their motion to dismiss the first three causes of action and for summary judgment; and (b) a third corporate defendant (Speizman Knitting Machine Co.) appeals from the first-mentioned order and from another order of said court, entered the same day, which denied its separate motion for summary judgment. First above-mentioned order modified by denying the motion as to the third cause of action only and by granting such motion as to the first and second causes of action. As so modified, said order is affirmed. Apjmal by defendant Speizman from said order dismissed, without costs. Second above-mentioned order reversed and motion granted. Appellants are allowed a single bill of $10 costs and disbursements. Since this determination leaves no causes remaining as against defendants