Mitchell v. Insurance of North America

In an action to recover damages for fraud, defendants appeal from an order of the Supreme Court, Kings County, dated December 2, 1970, which (1) denied their separate motions to dismiss plaintiff’s complaint pursuant to CPLR 3211 (subds. 5, 7 [Special Term treated the motions as for summary judgment]) and (2) on renewals of said motions adhered to the original decision. Order reversed, on the law, and motions of all defendants to dismiss the complaint granted, with one bill of $10 costs and disbursements jointly to appellants appearing separately and filing separate briefs. In November, 1960,…