Poughkeepsie Galleria Co. v. Aetna Life Insurance

OPINION OF THE COURT

Orazio R. Bellantoni, J.

Defendants Aetna Life Insurance Company and State Street Bank and Trust Company move for an order, pursuant to CPLR 3211 (a) (7), dismissing the amended complaint against Aetna and State Street Bank for failure to state a cause of action upon which relief can be granted.

*647Plaintiff Poughkeepsie Galleria Company cross-moves for: (1) an order, pursuant to CPLR 3211 (d), directing that the motion to dismiss brought by defendants be adjourned or continued so as to permit plaintiff to engage in discovery necessary to properly and adequately prepare a…