Bereck v. Meyer

—Order, Supreme Court, New York County (Herman Cahn, J.), entered February 17, 1995, which, upon a CPLR 3211 (c) conversion of defendants’ motion to dismiss this action for a partnership accounting as barred by *244the Statute of Frauds, granted defendants summary judgment dismissing the complaint, unanimously modified, on the law and the facts, to the extent of granting plaintiff leave to amend his complaint so as to plead a cause of action for breach of contract, and otherwise affirmed, without costs.

Summary judgment was properly granted in the absence of evidence that plaintiff, who seeks to…