Ordered that the order is modified, on the law, by deleting therefrom the provision which granted that branch of the defendant's motion which was to dismiss the plaintiff's second cause of action, and substituting therefore a provision denying that branch of the defendant's motion; as so modified, the order is affirmed, with costs to the appellant.
Let's get started
Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.
- Updated daily.
- Uncompromising quality.
- Complete, Accurate, Current.