Appellate Division of the Supreme Court of the State of New York May 1, 2012 (Weiss v. Lowenberg)

Judgment, Supreme Court, New York County (Richard B. Lowe, III., J.), entered October 28, 2010, dismissing the complaint as against defendant Dennis Konner pursuant to an order, same Court and Justice, entered August 26, 2010, which, inter alia, granted Konner’s motion to dismiss the complaint as *406against him, unanimously modified, on the law, to the extent of reinstating the first and fifth