James v. Gary Co.

Appeal by defendants from so much of an order of the Supreme Court, Nassau County, dated November 9, 1971, as denied the branch of the motion of defendants Gary Company and Endo Laboratories, in which the other three defendants joined, which was to dismiss the second cause of action alleged in the complaint upon the ground that it failed to state a cause of action (CPLR 3211, subd. [a], *958par. 7). Order affirmed insofar as appealed from, with one bill of $10 costs and disbursements to respondents jointly against appellants appearing separately and filing separate briefs. Although the second…