117 East 24th Street Associates v. Karr

— Order, Supreme Court, New York County (P. J. McQuillan, J.), entered May 13, 1982 denying in part defendants’ motion to dismiss the complaint pursuant to CPLR 3211 (subd [a]), is reversed, so far as appealed from by defendants^ on the law, with costs, and defendants’ motion to dismiss the complaint is granted, and the complaint is dismissed in toto for failure to state a cause of action under CPLR 3211 (subd fa], par 7), without prejudice to an application by plaintiff at Special Term on affidavits which shall comply with CPLR 3211 (subd [e]) for leave to serve an amended complaint alleging…