D. W. Franchot & Co. v. Hopkins

Order unanimously reversed, with $25 costs and disbursements to the plaintiffs and defendants’ motion denied, without costs. Memorandum: The defendants’ motion is for an order dismissing the complaint. The order appealed from did not grant the motion to dismiss the entire complaint, nor did it dismiss either of the two causes of action contained in it. It ordered that the first and second causes of action be dismissed, insofar as they respectively relate to certain leases and that the complaint be deemed amended by striking all references to such leases from the respective causes of action.…