Order, insofar as it dismisses paragraph 14 of the complaint and directs service of an amended pleading, unanimously reversed, with costs, and motion to dismiss the complaint denied.
Memorandum:
Respondent moved to dismiss the complaint for failure to state a cause of action (CPLR 3211, subd. [a], par. 7). We agree with the conclusion of Special Term that the pleading states a sufficient cause of action in trespass. It follows that the court erred in dismissing...
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