STRAIN v. STRAIN


259 A.D.2d 482 (1999)

684 N.Y.S.2d 893

DONALD R. STRAIN, Appellant, v. RICHARD C. STRAIN et al., Defendants, and MOACYR R. CALHELHA et al., Respondents.

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

Decided March 1, 1999.


Ordered that the order is affirmed insofar as appealed from, with costs to the respondents, payable by the appellant.

The Supreme Court properly dismissed the fourth through ninth causes of action insofar as asserted against the respondents inasmuch as the allegations in support of those causes of action were either devoid of a factual basis, vague and conclusory, or failed to fit within any cognizable legal theory (see, Leon v Martinez, 84...

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