Appellate Division of the Supreme Court of the State of New York May 20, 1985 (Spellman v. Columbia Manicure Manufacturing Co.)

In an action to recover damages for breach of contract and fraud, defendants appeal from so much of an order of the Supreme Court, Nassau County (Pantano, J.), dated January 4, 1984, as denied that branch of their motion which was to dismiss the second cause of action pursuant to CPLR 3211 (a) (7).