Glazer v. Alison Homes Corp.

In this action for a decree that defendant Harry L. Seaton (Seaton) diverted trust funds and that defendants Wydler, Balin, Pares and Soloway (Wydler) participated in the diversion, said defendants move to dismiss the complaint pursuant to CPLR 3211 (subd. [a], par. 7) for failure to state a cause of action and for failure to confer jurisdiction upon the court.

Plaintiffs contracted with defendant Alison Homes Corp. (Alison) for the purchase of a plot and house to be constructed thereon within said defendant’s development. In accordance with the contract, plaintiffs deposited the sum of $6,000…