DB Mansfield LLC v. BNY Capital Funding LLC

Order, Supreme Court, New York County (Charles E. Ramos, J.), entered August 2, 2013, which granted defendants’ motions to dismiss the complaint pursuant to CPLR 3211 (a) (1) and (7), *637unanimously modified, on the law, the motion of BNY Capital Funding LLC denied with respect to those portions of the first cause of action that allege breach of the purchase agreement, and otherwise affirmed, without costs.

Contrary to plaintiffs contention, the motion court expressly adopted defendants’ arguments, and did not improperly decide the motions on grounds not raised by the parties (cf. Greene v…