Bernstein v. Polo Fashions, Inc.

Order, Supreme Court, New York County, entered February 6, 1976, denying defendants-appellants’ motion to dismiss the second through fifth causes of action of the amended complaint for failure to state a cause of action, or, alternatively for summary judgment, unanimously modified, on the law, in the following respects: (1) the second cause of action is severed until such time as the third cause of action has been tried and if defendants prevail on the third cause of action the second cause of action should be dismissed; (2) the fourth cause of action is dismissed for failure to state a cause…