Scally v. Simcona Electronic Corp.

— Order unanimously modified on the law and as modified affirmed without costs, in accordance with the following memorandum: Special Term properly denied defendants’ motion for summary judgment insofar as *1087they sought dismissal of plaintiffs contract cause of action. Triable issues of fact exist with respect to this contract claim which preclude summary judgment (cf., Rotuba Extruders v Ceppos, 46 NY2d 223, 231). The court, however, erred in failing to grant summary judgment to defendants with respect to plaintiffs fraud causes of action.

In 1963 the parties entered into an employment contract…