This is a motion by the defendant seeking to dismiss the complaint herein pursuant to CPLR 3211 (subd. [a], par. 7) upon the ground that the complaint fails to state a cause of action.
Plaintiff cross-moves to amend and supplement the complaint and bill of particulars nunc pro tunc, by adding in substance, an allegation that the "hook" latch manufactured, installed and distributed by the defendant had a latent defect...
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