L. Fatato, Inc. v. Decrescente Distributing Co.

In an action, inter alia, to recover damages for breach of contract, plaintiffs appeal, as limited by their brief, from so much of an order of the Supreme Court, Kings County (Shaw, J.), entered March 2, 1981, as granted the branch of defendant’s cross motion which sought to dismiss each of the causes of action asserted in the amended complaint for failure to state a cause of action. Order modified, by deleting the first and second decretal paragraphs and substituting a provision granting the aforesaid branch of the cross motion only to the extent of dismissing the fourth and seventh causes…