Appellate Division of the Supreme Court of the State of New York October 30, 2000 (Strickon v. Ornstein)

In an action to recover damages for breach of contract and fraud, the defendant appeals from so much of an order of the Supreme Court, Nassau County (Phelan, J.), dated July 30, 1999, as amended September 16, 1999, as denied that branch of his motion which was for summary judgment dismissing the cause of action alleging breach of contract, and the plaintiff cross-appeals from so much of the same