C & B Wholesale Stationery v. S. De Bella Dresses, Inc.

In an action inter alla for specific performance, plaintiff appeals for (1) an order of the Supreme Court, Nassau County, dated May 25, 1973, which granted a motion by defendant S. De Bella Dresses, Inc. for summary judgment, in which motion the other defendants joined, and from (2) a judgment of the Supreme Court, Suffolk County, entered June 5, 1973, in favor of said defendant, upon said order. Order modified, on the law, by adding thereto, immediately after the provision that the motion “ to dismiss the complaint is granted”, the following: “only to the extent of the plaintiff's claim that…