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McCOMBS v. CIMATO ENTERPRISES, INC.

20 A.D.3d 883 (2005)

798 N.Y.S.2d 818

JEFFREY M. McCOMBS, Respondent-Appellant, v. CIMATO ENTERPRISES, INC., et al., Individually and as Copartners Doing Business as DEER RUN JOINT VENTURE, Appellants-Respondents.

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

July 1, 2005.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously modified on the law by denying that part of defendants' motion with respect to the second cause of action and reinstating that cause of action and by granting that part of defendants' motion with respect to the third cause of action in its entirety and dismissing that cause of action in its entirety and as modified the order is affirmed without costs.

Memorandum:

Plaintiff...

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