Esack v. Cook

In an action to recover damages inter alia for breach of contract, plaintiff appeals - from an order of the Supreme Court, Westchester County, dated January 24, 1969, which granted respondents’ separate motions to dismiss the amended complaint as to them on the ground that it fails to state a cause of action as to them (CBLR 3211, subd. [a], par. 7). Order modified, on the law, by inserting in the first decretal paragraph thereof, after the words “granted in all respects,” the following: “as to defendant Norman Cooper and denied in all respects as to defendant Ernest W. Levey; ” and by…