Bautista v. Chase Manhattan Bank, N. A.

Order, Supreme Court, New York County, entered April 3, 1979, denying defendant’s motion to dismiss the fourth cause of action in the complaint, is unanimously reversed to the extent appealed from, on the law, with costs to appellant, and the motion is granted and the fourth cause of action in the complaint is dismissed pursuant to CPLR 3211 (subd [a], par 7) for failure to state a cause of action, without prejudice to an application at Special Term, within 20 days after service of a copy of the order hereon, for leave to serve an amended complaint embodying an amended fourth cause of action,…