Muss v. Daytop Village, Inc.

In an action to recover damages for defendant’s alleged breach of a lease, defendant appeals, as limited by its brief, from so much of an order of the Supreme Court, Richmond County, dated September 11, 1973, as denied its motion to dismiss each of the two causes of action contained in the complaint, pursuant to CPLR 3211 (subd. [a], par. 7), for failure to state a cause of action. Order modified, on the law, by adding thereto, immediately after the provision in the first decretal paragraph thereof that the defendant’s motion is “denied”, the following: “as to the first cause of action and…