FORTES v. ESTATE OF MAGOON


160 A.D.2d 756 (1990)

Louis Fortes et al., Respondents, v. Estate of Lee Magoon et al., Appellants. (Action No. 1.) Anthony M. Rende, Respondent, v. Westchester Brake & Clutch, Inc., et al., Appellants. (Action No. 2.)

Appellate Division of the Supreme Court of the State of New York, Second Department.

April 9, 1990


Ordered that the order is modified, on the law, by (1) deleting so much of the second decretal paragraph thereof as granted that branch of the motion of the plaintiffs in action No. 1 which was for partial summary judgment on their first cause of action sounding in fraud, and substituting therefor a provision denying that branch of their motion, and (2) deleting the third decretal paragraph thereof; as so modified, the order is affirmed insofar as appealed from, with costs...

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