Protter v. Nathan's Famous Systems, Inc.

In an action, inter alia, to recover damages for violations of General Business Law article 33 and for fraud, the defendants appeal, as limited by their notice of appeal and brief, from so much of an order of the Supreme Court, Nassau County (Franco, J.), entered February 6, 1997, as denied that branch of their motion which was to dismiss the second cause of action.

Ordered that the judgment is reversed insofar as appealed from, on the law, with costs, that branch of the defendants’ motion to dismiss the second cause of action is granted, and the complaint is dismissed in its entirety.

The…