Ceres v. Shearson Lehman Bros.

Order, Supreme Court, New York County (Carol Arber, J.), entered February 28, 1995, which granted defendants’ motions to dismiss the complaint for failure to state a cause of action, unanimously affirmed, without costs.

Plaintiffs’ complaint and papers in opposition to the motions fail to indicate that the offering plan included actionable representations of fact and " 'definite positive projections that might require later correction’ ” on which plaintiffs relied to *223their detriment (San Leandro Emergency Med. Group Profit Sharing Plan v Philip Morris Cos., 75 F3d 801, 811). Leave to replead…