Appellate Division of the Supreme Court of New York, 2002

Lawyers' Fund for Client Protection v. Dime Savings Bank of New York FSB

Lawyers' Fund for Client Protection v. Dime Savings Bank of New York FSB
Appellate Division of the Supreme Court of New York · Decided May 6, 2002
294 A.D.2d 337; 741 N.Y.S.2d 729; 2002 N.Y. App. Div. LEXIS 4839
Lawyers' Fund for Client Protection v. Dime Savings Bank of New York FSB

Opinion of the Court

—In an action, inter alia, to recover damages for breach of contract, the defendant appeals, as limited by its brief, from so much of an order of the Supreme Court, Nassau County (Franco, J.), dated February 9, 2001, as denied those branches of its motion pursuant to CPLR 3211 (a) (7) which were to dismiss the plaintiffs first and second causes of action, alleging breach of contract and negligence, respectively.

Ordered that the order is affirmed insofar as appealed from, with costs.

Contrary to the defendant’s contention, the allegations in the complaint sufficiently state causes of action to recover damages for breach of contract and negligence against it. Ritter, J.P., Feuerstein, Luciano and Adams, JJ., concur.

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