Cappa v. Steve Aloi-Ford, Inc.

Questions regarding the continuance of the preliminary injunction and the addition of the DPC Corporation as a party defendant were resolved by consent upon the oral argument of the above-entitled motions. There remains for determination the motion of the First Trust and Deposit Company (hereinafter called Bank) to be dropped as a party defendant on the ground that the plaintiffs’ complaint fails to state a cause of action against it (CPLR 3211, subd. [a], par. 7).

On December 7, 1965, the plaintiffs purchased a Ford Mustang from the defendant, Steve Aloi-Ford, Inc., and executed a retail…