Mallory Factor, Inc. v. Jicka

Order and judgment, Supreme Court, New York County (Harold Tompkins, J.), entered, respectively, on April 2, 1990 and May 24, 1990, which, inter alia, denied defendant’s motion for summary judgment dismissing the complaint, granted plaintiff’s cross motion for summary judgment as to liability on the third cause of action of the complaint, dismissed the second cause of action as duplicative of the third cause of action, and which awarded plaintiff the sum of $33,000, unanimously affirmed, with costs.

Plaintiff, a public relations concern, commenced the underlying action against defendant, its…