Staten Investors Group v. Schaffer

— In an action to recover damages for violation of the Donnelly Act (General Business Law § 340) and for malicious prosecution, the plaintiffs appeal from an order of the Supreme Court, Richmond County (Amann, J.), dated January 29, 1988, which granted the defendant’s motion to dismiss the complaint.

Ordered that the order is modified by deleting the provision thereof which granted that branch of the defendant’s motion which was to dismiss the second cause of action asserted in the complaint, and substituting therefor a provision denying that branch of the defendant’s motion; as so modified…