Brown v. Albany Citizens Council on Alcoholism, Inc.

White, J. (concurring in part and dissenting in part).

I *907concur with the majority that plaintiffs sixth cause of action is sufficient when measured by the standards applicable to a motion to dismiss for failure to state a cause of action (see, Mihlovan v Grozavu, 72 NY2d 506; Silsdorf v Levine, 59 NY2d 8, cert denied 464 US 831).

I respectfully dissent from that portion of the majority’s determination sustaining the fourth and fifth causes of action. To meet the burden of establishing "reasonable probability that the specific conduct of such defendant alleged constitutes gross negligence or was…