Margrove Inc. v. Lincoln First Bank

Order unanimously reversed, with costs, motion granted and fourth cause of action dismissed. Memorandum: Defendant appeals from an order of Special Term which denied its motion to dismiss the fourth cause of action contained in paragraphs 16 through 24 of the amended complaint purporting to state a cause of action for negligent misrepresentation. The amended complaint states that a mortgage commitment was issued to plaintiff Margrove Incorporated on June 1, 1972 by defendant-appellant’s predecessor the Lincoln Rochester Trust Company and *1106extended by mutual agreement until defendant refused to…