[word=","] [lemma=the] [□] □
[word=","] [lemma=the] [□=□] □
[word=","] [lemma=the] [□ | □] □
For the reasons stated below , the court grants defendants ' motion for partial summary judgment dismissing the second , seventh , eighth , ninth , and eleventh causes of action against defendant Koffman and grants plaintiffs ' cross motion for partial summary judgment to the extent that defendant JBQ is held liable to plaintiffs on the first cause of action and Koffman is ordered to appear for a deposition . During the trial , the court granted a motion of acquittal as to Charles Bethune . For that reason , the Court grants the respective branches of each party 's motion that seeks consolidation of Action 1 and Action 2 . Accordingly , the Court grants that branch of defendants ' motion which seeks summary judgment dismissing the second cause of action . FN1 In sustaining the demurrers , the court granted leave , nunc pro tunc , for T.R.E.E.S . Because issues of fact remain as to the amount of damages resulting from JBQ 's breach , the court grants plaintiffs ' motion for summary judgment on the first cause of action only to the extent of holding defendant JBQ liable for breach of contract . Therefore , the Court grants that branch of the cross-motion which seeks summary judgment dismissing the third counterclaim .