ANASTASI v. EMANUEL


270 A.D.2d 37 (2000)

704 N.Y.S.2d 227

WILLIAM ANASTASI et al., Respondents, v. ERIC EMANUEL, Appellant, et al., Defendant.

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

Decided March 7, 2000.


We deem the motion court's disposition, declining to grant defendant-appellant broker's motion for summary judgment dismissing the complaint against him and extending leave to renew the motion upon completion of movant's deposition, to be an appealable denial of the motion. This disposition was proper given the present state of the record. The evidence in support of plaintiffs' claim that defendant broker's investment choices were excessively risky, to the extent developed...

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