Harry Levine Corp. v. K. Gimbel Accessories, Inc.

Order, Supreme Court, New York County, entered on June 8, 1971, insofar .as it denied appellant’s • motion to dismiss the complaint as to it, unanimously reversed, on the law, without costs *638and without disbursements, and the motion to dismiss the complaint as to defendant K. Gimbel Accessories, Inc./ granted, with leave to plaintiff to apply to Special Term for leave to serve an amended complaint if so advised. (See CPLR 3211, subd. [e]; Gushman & Wakefield v. John David, Inc., 25 A D 2d 133.) Plaintiff’s second cause of action is for damages based upon fraud. The complaint, in conclusory…