Ecker v. Wright

Judgment unanimously reversed, with costs, and motion denied. Memorandum: This action was instituted to recover damages for alleged fraud and breach of contract with respect to defendant’s sale of her private residence to plaintiffs, and for other relief. Without answering the complaint defendant moved to dismiss on the ground that it is founded on a written contract as documentary evidence which shows on its face that plaintiff has no cause of action (CPLR 3211, subd [a], par 1). Thus, if any provable cause of action can be spelled out from the complaint the motion should be denied (see…