Opinion
March 26, 1985
Appeal from the Supreme Court, New York County (Gammerman, J.).
In denying the motion of defendants for summary judgment dismissing the first cause of action, essentially seeking damages for allegedly fraudulent misrepresentation, Special Term observed that plaintiff should have an opportunity for discovery. The order thereafter entered did not explicitly embody that aspect of Special Term's determination. Accordingly, in affirming, we do so without prejudice to renewal after plaintiff has had the opportunity for discovery.
Concur — Kupferman, J.P., Sandler, Sullivan and Fein, JJ.