The motion, as originally made, was addressed to the whole of the complaint and, since the first cause of action was conceded to be sufficient, the Special Term correctly denied the motion. A motion addressed to the sufficiency of a complaint is properly denied if any one of the causes of action set forth in the complaint is sufficient (Advance Music Corp. v. American Tobacco Co., 296 N.Y. 79). However, upon the oral argument of this appeal, the attorney for the plaintiff...
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