Funt v. Ruiz

In a mortgage foreclosure action in which defendants, by means of a third-party action, seek to recover damages for fraud and mental anguish, the plaintiff and the third-party defendant appeal from an order of the Supreme Court, Queens County, dated February 18, 1977, which denied their motion to dismiss or sever the third-party action. Order modified by adding to the decretal- paragraph thereof, after the word "denied”, the following: "except as to third-party plaintiff’s second cause of action for mental anguish, which cause of action is dismissed, without prejudice.” As so modified, order…