Gesuale v. Campanelli & Associates, P.C.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action, inter alia, to recover damages for fraud and tortious interference with contract, the plaintiff appeals from an order of the Supreme Court, Suffolk County (Spinner, J.), entered May 13, 2013, which denied, as academic, his motion to strike the defendants’ answer and thereupon award him judgment, and granted that branch of the defendants’ cross motion which was for summary judgment dismissing the complaint.
Ordered that the order is modified, on the law, by deleting the provision thereof denying, as academic, the plaintiffs motion to strike the defendants’ answer and thereupon…
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