Dulman v. Martin Fein & Co.

In an action to recover damages arising out of an auction sale, the plaintiff appeals from an order of the Supreme Court, Westchester County, entered August 11, 1978, which granted summary judgment to the defendant. Order modified, on the law, by adding the following at the end of the provision granting summary judgment to the defendant, "except as to the second cause of action”. As so modified, order affirmed, without costs or disbursements. Special Term, treating the defendant’s CPLR 3211 (subd [a]) motion as one for summary judgment, dismissed the complaint. The dismissal is improper…