Embee Advice Establishment v. Holtzmann, Wise & Shepard

—Order, Supreme Court, New York County (Harold Tompkins, J.), entered on or about May 7, 1992, which denied defendant-appellant’s motion to dismiss the fourth and fifth causes of action of the complaint, unanimously affirmed, with costs.

This is a motion addressed to the sufficiency of the pleadings. Modern pleading rules focus upon whether the pleader has a cause of action, not whether he has properly stated one, and in making that determination, accompanying affidavits may be referred to for the limited purpose of remedying any defects in the pleadings (Barrows v Rozansky, 111 AD2d 105,…