Exceptional Opticals, Inc. v. Optimus, Inc.

Order, Supreme Court, New York County (Fraiman, J.), entered October 10, 1980, granting defendants’ motion for summary judgment, is modified, on the law, to the extent of reversing so much of the order as grants defendants’ motion for summary judgment, and denying said motion without prejudice to renewal after reasonable opportunity for disclosure proceedings by plaintiff, and the order is otherwise affirmed, without costs. A substantial part of plaintiff’s claim is conclusively refuted by the documentary evidence — specifically the whole “John Doe” conspiracy whereby the consideration for…