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PARK v. CHESSIN

60 A.D.2d 80 (1977)

Steven M. Park et al., Individually and as Administrators of The Estate of Lara E. Park, Deceased, Respondents, v. Herbert Chessin et al., Appellants

Appellate Division of the Supreme Court of the State of New York, Second Department.

December 11, 1977

Attorney(s) appearing for the Case

Martin, Clearwater & Bell (Peter E. Tangredi and Stephen J. Pribula of counsel), for appellants.

Toberoff & Gould for respondents.

MARGETT and RABIN, JJ., concur with DAMIANI, J.; COHALAN, J. P., concurs in the denial of the defendants' motion with respect to the sixth and part of the seventh causes of action, but otherwise dissents and votes to grant the defendants' motion with respect to the first and fifth causes of action, with an opinion; TITONE, J., dissents and votes to grant the motion to dismiss the four causes of action in question, with an opinion.

DAMIANI, J.

At the outset, the general rule should be noted that if a motion to dismiss for failure to state a cause of action (CPLR 3211, subd [a], par 7) is addressed to the complaint in its entirety, the validity of any single cause of action will suffice as a ground for denial of the motion (see, e.g., De Maria v Josephs, 41 A.D.2d 655

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