McCARTHY v. WEAVER


99 A.D.2d 652 (1984)

Francis J. McCarthy, Jr., Individually and Doing Business as Benjamin Rush Center, Respondent-Appellant, v. William Weaver, Defendant; Dorothy Weaver, Also Known as Dorothy W. Thompson, Respondent, and Travelers Insurance Company, Appellant

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

January 27, 1984


Order unanimously modified and, as modified, affirmed, without costs, in accordance with the following memorandum:

Special Term properly dismissed the first cause of action against defendant Travelers insofar as it alleged a breach of contract; however, the remaining factual allegations do not state a separate claim for relief and thus should be dismissed with leave to incorporate those allegations in the sixth cause of action if plaintiffs are so advised. Similarly...

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