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GORDON AND BREACH SCIENCE PUBLISHERS, INC. v. NEW YORK SYSTEMS EXCHANGE, INC.

267 A.D.2d 52 (1999)

699 N.Y.S.2d 673

GORDON AND BREACH SCIENCE PUBLISHERS, INC., Appellant, v. NEW YORK SYSTEMS EXCHANGE, INC., Defendant, and INTERNATIONAL BUSINESS MACHINES CORPORATION, Respondent.

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

Decided December 7, 1999.

Although defendant IBM moved pursuant to both CPLR 3211 (a) (7) and 3212 (c) to dismiss the complaint against it, the complaint was ultimately dismissed as to IBM by the motion court pursuant to CPLR 3211 (a) (7), for plaintiff's failure to state a cause of action for breach of contract. This disposition was correct since plaintiff failed in its pleading to identify the contractual provisions IBM breached (see, Bomser v Moyle, 89 A.D.2d 202

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