Fortes v. Estate of Magoon

In consolidated actions, inter alia, to recover damages for breach of contract and fraud, the defendants appeal from an order of the Supreme Court, Westchester County (Gagliardi, J.H.O.), dated December 10, 1990, which denied their motion for renewal of a prior motion by the plaintiffs in Action No. 1 for summary judgment, which was granted in part by an order of the same court (Ferraro, J., on decision; Coppola, J., on order), dated April 13,1988.

Ordered that the order is affirmed, with costs.

The facts underlying this appeal are reported in the decision and order on the parties’ prior…