Appellate Division of the Supreme Court of the State of New York January 17, 1985 (Brook Shopping Centers, Inc. v. Bass)

— Order, Supreme Court, New York County (Ira Gammerman, J.), entered May 9, 1984, which denied defendants-appellants’ motion for summary judgment dismissing plaintiffs’ second amended and supplemental complaint pursuant to CPLR 3211 (subd [a], pars 5, 7) and 3212, is unanimously modified, on the law, with costs, only to the extent of dismissing the claims for attorney’s fees and punitive damages,