Westgate North, Inc. v. Boyer

Appeal from an order of the Supreme Court at Special Term, entered March 22, 1974 in Albany County, which granted defendant’s motion to dismiss the complaint for failure to state a cause of action. This action was commenced upon the theory that the individual defendants had breached a duty to the plaintiff by a failure to submit an agreement dated August 26,1970 to the Comptroller for approval pursuant to subdivision 2 of section 112 of the State Finance Law. In the companion case of Westgate North v State Univ. ofN. Y. (47 AD2d 1004). We have affirmed, inter alla, the grant of a motion to…