Dee v. Rakower

Dillon, J.P.

(concurring in part and dissenting in part). I *215agree with my colleagues in the majority that the equitable causes of action to impose a constructive trust, to recover damages for unjust enrichment, and for an accounting must be dismissed pursuant to CPLR 3211 (a) (7) for failure to state a cause of action. However, for the reasons set forth below, the plaintiff’s cause of action to recover damages for breach of contract was also properly dismissed for failure to state a cause of action and, on that limited basis, I dissent in part and vote to affirm the order appealed from in its…