Shawkat v. Malak

OPINION OF THE COURT

Memorandum.

Ordered that the amended order is modified by providing that defendants’ motion for summary judgment dismissing the complaint is denied and the branch of plaintiffs cross motion seeking to dismiss the seventh affirmative defense is granted; as so modified, the amended order is affirmed, without costs, and the matter is remitted to the Civil Court for a determination by a different judge of the branch of plaintiffs cross motion seeking leave to amend the complaint to add a cause of action and for all further proceedings.

In this action to recover $25,000 in unpaid…