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NOY v. EVEREST EQUITIES, INC.

27 A.D.3d 629 (2006)

812 N.Y.S.2d 594

ELI NOY, Respondent, v. EVEREST EQUITIES, INC., et al., Appellants.

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

March 21, 2006.

Ordered that the notice of appeal from the decision is deemed to be a premature notice of appeal from the order and judgment (see CPLR 5520 [c]); and it is further,

Ordered that the order and judgment is modified, on the law, by deleting the provisions thereof granting that branch of the motion which was for summary judgment on the fourth cause of action and awarding damages pursuant to that cause of action and substituting therefor a provision dismissing that...

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