Urban Holding Corp. v. Haberman

Order, Supreme Court, New York County (William J. Davis, J.), entered February 17, 1989, which, inter alia, dismissed defendant Haberman’s third, tenth and eleventh counterclaims, unanimously modified, on the law, to the extent of reinstating the third and tenth counterclaims, and otherwise affirmed, without costs.

Under CPLR 3211 (a) (7), a motion to dismiss is properly granted if the pleading fails to state a cause of action and is, therefore, defective on its face. (See, Siegel, NY Prac § 265.) As Judge Cooke succinctly stated in this regard, "[i]nitially, the sole criterion is whether the…