Gray v. Rochester Gas & Electric Corp.

Order, insofar as appealed from, unanimously reversed, without costs, and defendant’s motion to dismiss second cause of action granted in accordance with the following memorandum: Special Term should have dismissed plaintiffs’ second cause of action with leave to replead. Although Special Term recognized and plaintiffs concede that their second cause of action fails to state a claim for breach of warranty, Special Term found that it could be interpreted as stating a claim for breach of a third-party beneficiary contract. Under our liberal pleading rules a motion to dismiss should be denied if…