McCarthy v. Weaver

Order unanimously modified and, as modified, affirmed, without costs, in accordance with the following memorandum: Special Term properly dismissed the first cause of action against defendant Travelers insofar as it alleged a breach of contract; however, the remaining factual allegations do not state a separate claim for relief and thus should be dismissed with leave to incorporate those allegations in the sixth cause of action if plaintiffs are so advised. Similarly, the seventh cause of action, which purports to state a claim for civil conspiracy, should be dismissed because there is no…