Mar-Bond Beverage Corp. v. Dublin Distributors, Inc.

In an action to recover damages for breach of contract (1st cause of action) and for fraud (2d cause of action), the defendants appeal from so much of an order as denied .their motion, made pursuant to subdivision 4 of rule 106 of Rules of Civil Practice, to dismiss the second cause of action set forth in the amended .complaint, and plaintiff appeals from so much of said order as granted defendants* said motion to dismiss the first cause of action set forth in the amended complaint. Order modified by striking therefrom the .ordering paragraph and by substituting therefor the words “ Ordered,…