Abrams v. Donati

Order of the Supreme Court, New York County (Seymour Schwartz, J.), entered on January 10, 1984, *705which denied the motion by defendant Enrico Donati for summary judgment dismissing the complaint and directing an immediate trial for the assessment of damages on his counterclaim, is modified, on the law, and the motion granted to the extent of dismissing the first cause of action as to defendant Donati and directing an immediate trial for the assessment of damages on his counterclaim, and otherwise affirmed, with costs and disbursements.

The first cause of action alleges the existence of a…