The order appealed from granted the defendant's motion to dismiss the complaint for insufficiency of allegations and did not concern itself with the alternative relief sought by defendant pursuant to CPLR 3024 (subd. [b]). Having determined that the complaint was fatally defective for insufficiency, it was unnecessary for Special Term to pass on the request for alternative relief. Since the complaint was dismissed, appellant is not an aggrieved party by virtue of failure...
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