Weir Metro Ambu-Service, Inc. v. Turner

In an action to recover damages for misrepresentation and breach of contract, defendants appeal from an order of the Supreme Court, Kings County (Shaw, J.), dated January 22,1981, which denied their motion to dismiss plaintiff’s complaint. Order reversed, on the law, with $50 costs and disbursements, the motion is granted and the complaint is dismissed. There are at least two separate and independently adequate grounds on which plaintiff’s first cause of action must be dismissed: (1) plaintiff has failed to state facts sufficient to show that as of the date of the commencement of the action…