Monarch Liquor Corp. v. Merinoff

Order unanimously reversed, with costs, judgment entered thereon vacated, and matter remitted to Supreme Court, Onondaga County, for further proceedings in accordance with the following memorandum: Plaintiff appeals from that part of an order which granted summary judgment dismissing its complaint, and from the judgment entered thereon. The order, which also denied plaintiff’s motions for a preliminary injunction and for accelerated disclosure, was granted upon defendant’s cross motions to dismiss for failure to state a cause of action (CPLR 3211, subd [a], par 7). On their cross motions…