Piercy v. Citibank N. A.

OPINION OF THE COURT

Hilda G. Schwartz, J.

Defendant moves for an order dismissing the second amended complaint on the grounds, inter alia, that a defense *303is founded upon documentary evidence and the complaint fails to state a cause of action.

Plaintiff, a corporate business executive, entered into a written executive investment advisory agreement with defendant bank in 1972. Plaintiff suffered losses on investments in the advisory account over an approximately three- and a half-year period from October, 1972 to May, 1976 and seeks to recoup those losses from defendant bank, which acted as…