Chim Chul Yi v. Marcy Realty Co.

—In an action, inter alia, to recover damages for fraud, the defendant appeals from so much of an order of the Supreme Court, Queens County (Glover, J.), dated January 2, 2001, as denied those branches of its motion which were for summary judgment dismissing the second and third causes of action, or in the alternative, to strike the plaintiffs’ demand for a jury trial, and granted that branch of the plaintiffs’ cross motion which was to dismiss its first counterclaim.

Ordered that the order is modified, on the law, by deleting the provision thereof denying that branch of the defendant’s motion…