Opinion
March 23, 1981
In an action, inter alia, to recover damages for breach of contract, plaintiffs appeal from an order of the Supreme Court, Westchester County, entered June 20, 1980, which denied their motion for summary judgment and to dismiss the affirmative defenses and counterclaims. Order modified, on the law, by adding after the words "motion is denied" the following: "except it is granted only as to the first affirmative defense, which is dismissed". As so modified, order affirmed, without costs or disbursements. The amended complaint adequately states a cause of action against defendants. As such, the affirmative defense that a cause of action was not stated, based on plaintiffs' failure to assert compliance with the New York Code of Professional Responsibility, must be dismissed. Titone, J.P., Lazer, Mangano and Cohalan, JJ., concur.