Simone v. Homecheck Real Estate Services, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*519In an action, inter alia, to recover damages for fraud and breach of contract, the defendants Margaret Cleary and James Cleary appeal, as limited by their notice of appeal and brief, from so much of an order of the Supreme Court, Westchester County (Nastasi, J.), entered March 31, 2006, as denied those branches of their motion which were to dismiss the complaint pursuant to CPLR 3211 (a) (7), and for summary judgment dismissing the complaint insofar as asserted by the plaintiff Peter Simone against them.
Ordered that the order is modified, on the law, by deleting the provision thereof denying…
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