Gardner v. Rivas

Order, Supreme Court, New York County (Myriam J. Altman, J.), entered on or about October 2, 1989, which granted defendant’s motion to dismiss the complaint for failure to state a cause of action, unanimously reversed, on the law, the motion denied and the complaint reinstated, with costs and disbursements. Appeal from the order of the same court and Justice, entered November 15, 1989, denying plaintiff’s motion for reargument, dismissed as nonappealable, without costs.

Plaintiff alleges that sometime prior to April 11, 1984 he requested defendant Rivas, who falsely represented himself to be a…