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McLEARN v. COWEN & CO.

60 N.Y.2d 686 (1983)

Mildred A. McLearn, Appellant, v. Cowen & Co. et al., Defendants, and Merrill Lynch, Pierce, Fenner & Smith, Incorporated, Respondent.

Court of Appeals of the State of New York.

Decided September 29, 1983.

Attorney(s) appearing for the Case

Roy M. Cohn and John A. Kiser for appellant.

Richard Conway Casey and Kent E. Daiber for respondent.

Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, MEYER, SIMONS and KAYE concur in memorandum.

MEMORANDUM.

The order of the Appellate Division should be reversed, with costs, and the order of Supreme Court denying defendant's motion to dismiss reinstated, without prejudice, however, to the right of defendant, other than in a motion under CPLR 3211, to raise the defense of failure to state a cause of action.

For a statement of the history of this appeal see 48 N.Y.2d 696....

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