Cohn v. United States Trust Co.

Judgment of the Supreme Court, New York County (Robert E. White, J.), entered January 25, 1985, which dismissed plaintiff Edward Cohn’s amended complaint with prejudice, is unanimously modified, on the law and *524the facts, to the extent of granting plaintiff leave to serve, within 20 days of service of this order, an amended complaint upon defendants, seeking return of the $5,000 down payment, and the judgment is otherwise affirmed, without costs.

Special Term correctly dismissed plaintiffs complaint for failure to state a cause of action. Plaintiff alleges in the complaint that the letter of…