Gamiel v. Curtis & Riess-Curtis, P.C.

*141Order, Supreme Court, New York County (Richard F. Braun, J.), entered on or about December 18, 2003, which denied defendants’ motion pursuant to CPLR 3211 (a) to dismiss the complaint, unanimously modified, on the law, the motion granted only to the extent of dismissing the fourth cause of action in its entirety, and the first and seventh causes of action insofar as they seek punitive damages, and otherwise affirmed, without costs.

Where a motion to dismiss for failure to state a cause of action particularizes each of the claims in the complaint, even though it is nominally addressed to the…