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LEBEAU v. MORALES

245 A.D.2d 269 (1997)

665 N.Y.S.2d 940

Robert Lebeau, Respondent, v. Grace M. Morales et al., Appellants, et al., Defendant

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

December 1, 1997

Ordered that the order is affirmed insofar as appealed from, with costs.

We agree with the Supreme Court's conclusion that the plaintiff's first cause of action is sufficient to withstand a motion to dismiss pursuant to CPLR 3211 (a) (1) and (7). Furthermore, the damages alleged in the complaint constituted consequential damages which may be recoverable (see, Kenford Co. v County of Erie, 73 N.Y.2d 312; Affiliated...

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