Delta Dallas Omega Corp. v. Wair Associates

Order, Supreme Court, New York County (Diane A. Lebedeff, J.), entered on or about September 12, 1991, which, to the extent appealed from, granted the motion of the plaintiff/counterclaim defendant-respondent Delta Dallas Omega Corp. to dismiss the second counterclaim of defendant/ *702counterclaim plaintiff-appellant Wair Associates, unanimously modified, on the law, to the extent of denying that part of the motion seeking to dismiss the second counterclaim for common law fraud, in its entirety and by reinstating so much of the second counterclaim alleging embezzlement and diversion of funds,…