Lobosco v. New York Telephone Co./NYNEX

Order, Supreme Court, New York County (Edward Lehner, J.), entered May 4, 1999, which, inter alia, denied defendant’s motion insofar as it sought dismissal of plaintiffs first cause of action for breach of contract pursuant to CPLR 3211, reversed, on the law, without costs, the motion granted, and the complaint dismissed. The Clerk is directed to enter judgment in favor of defendant-appellant dismissing the complaint.

Contrary to the conclusion reached by Supreme Court, plaintiffs complaint failed to allege sufficient facts to make out a cause of action within the narrowly drawn exceptions to…