Judgment affirmed, with $50 costs and disbursements.
The complaint was properly dismissed. Special Term reached its determination by applying CPLR 3211 (subd [a], par 1). Paragraph 1 of subdivision (a) of CPLR 3211 need not be applied by this court. We conclude that the complaint fails to state a cause of action (see CPLR 3211, subd...
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