Spalletta v. Felber

— Appeal from so much of an order as denies appellants’ motion (1) to dismiss the complaint, pursuant to subdivision 4 of rule 106 of the Rules of Civil Practice, on the ground that it does not state facts sufficient to constitute a cause of action, and (2) to dismiss the complaint or portions thereof and for judgment in appellants’ favor under rules 113 and 114 of the Rules of Civil Practice. Order modified by striking from the ordering paragraph the words “in all respects denied ” and by substituting in lieu thereof the following: “ Granted to the extent that the claims based on the…