G & R Check Cashing Corp. v. Corines

In an action to recover damages for checks stolen from the defendant and cashed by the plaintiff, the defendant appeals from an order of the Supreme Court, Westchester County (Lefkowitz, J.), entered March 26, 1996, which denied his motion to dismiss the complaint pursuant to CPLR 3211 (a) (7) for failure to state a cause of action.

Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.

A review of the complaint in the light most favorable to the plaintiff (see, Marple v Sorg, 230 AD2d 831) demonstrates that it fails to state any cause…