COLLISION PLAN UNLIMITED, INC. v. BANKERS TRUST CO.


63 N.Y.2d 827 (1984)

Collision Plan Unlimited, Inc., et al., Appellants, v. Bankers Trust Company, Respondent.

Court of Appeals of the State of New York.

Decided October 11, 1984.


Attorney(s) appearing for the Case

Matthew Dollinger for appellants.

Joel David Sharrow, Arthur F. Abelman and David M. Satnick for respondent.

Chief Judge COOKE and Judges JASEN, JONES, MEYER and SIMONS concur; Judges WACHTLER and KAYE taking no part.


MEMORANDUM.

The order of the Appellate Division should be modified to reinstate the complaint except as to the sixth, seventh and eighth causes of actions which have been dismissed, and, as so modified, affirmed, with costs. Where factual allegations are discerned which, taken together, manifest a cause of action cognizable at law, a motion to dismiss the complaint pursuant to CPLR 3211 (subd [a], pars 1, 7) should be denied...

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