GRAY v. ROCHESTER GAS & ELEC. CORP.


97 A.D.2d 975 (1983)

Donald C. Gray et al., Respondents, v. Rochester Gas and Electric Corporation, Appellant Edward W. Garrett et al., Respondents, v. Rochester Gas and Electric Corporation, Appellant

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

November 4, 1983


Order, insofar as appealed from, unanimously reversed, without costs, and defendant's motion to dismiss second cause of action granted in accordance with the following memorandum: Special Term should have dismissed plaintiffs' second cause of action with leave to replead. Although Special Term recognized and plaintiffs concede that their second cause of action fails to state a claim for breach of warranty, Special Term found that it could be interpreted as stating a claim...

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