Opinion
Argued November 21, 2000.
December 27, 2000.
In an action, inter alia, to recover damages for fraud, the plaintiff appeals, as limited by its brief, from so much of an order of the Supreme Court, Rockland County (Sherwood, J.), dated January 28, 2000, as granted the defendant's motion pursuant to CPLR 3211(a)(1), (5), and (7) to dismiss the complaint.
Joseph A. Maria, P.C., White Plains, N.Y. (Andrew W. Bilinski of counsel), for appellant.
Bleakley Platt Schmidt, LLP, White Plains, N.Y. (Susan E. Galvao and William P. Harrington of counsel), for respondent.
Before: DAVID S. RITTER, J.P., SONDRA MILLER, GLORIA GOLDSTEIN, NANCY E. SMITH, JJ.
DECISION ORDER
ORDERED that the order is affirmed insofar as appealed from, with costs.
Taking the allegations of the complaint as true and resolving all reasonable inferences in favor of the plaintiff, we agree that the plaintiff failed to state a cause of action to recover damages for, inter alia, breach of contract or fraud (see, Gaidon v. Guardian Life Ins. Co. of Am., 94 N.Y.2d 330; Lama Holding Co. v. Smith Barney, 88 N.Y.2d 413, 421; New York Univ. v. Continental Ins. Co., 87 N.Y.2d 308; Aventine Inv. Mgt. v. Canadian Imperial Bank of Commerce, 265 A.D.2d 513). Thus, the Supreme Court properly granted the motion to dismiss the complaint.