Opinion
October 31, 1967
Appeal from the Onondaga Special Term.
Present — Williams, P.J., Henry, Del Vecchio and Marsh, JJ. [ 52 Misc.2d 693.]
Order unanimously modified by denying leave to the plaintiff "to plead over and assert any causes of action which might be had under the theory expostulated in Ferrara v. Galluchio ( 5 N.Y.2d 16) ," and as so modified affirmed, without costs. Memorandum: Permission to plead over and assert causes of action which might be had under the theory of Ferrara v. Galluchio ( supra) is meaningless and futile inasmuch as there can be no sufficient causes of action under the facts here present under the theory of the Ferrara case, or otherwise.