Opinion
June 27, 1988
Appeal from the Supreme Court, Westchester County (Nastasi, J.).
Ordered that the order is modified by deleting therefrom the provision which granted that branch of the motion which was to dismiss the fifth cause of action, and substituting therefor a provision denying that branch of the motion; as so modified, the order is affirmed, with costs to the appellant.
Accepting the facts as alleged in the complaint as true and giving the complaint a liberal construction (see, Morone v Morone, 50 N.Y.2d 481; Guggenheimer v Ginzburg, 43 N.Y.2d 268; Klondike Gold v Richmond Assocs., 103 A.D.2d 821; Shields v School of Law, 77 A.D.2d 867), we conclude that the first, second, third, fourth and sixth causes of action insofar as they are asserted against the respondents fail to state a cause of action (see, CPLR 3211 [a] [7]). As to the fifth cause of action, which alleges an oral promise by the late Joseph Lore to sell stock to the plaintiff, Joyce Lore, the relief sought therein states a cause of action sounding in breach of contract. Mangano, J.P., Bracken, Weinstein and Balletta, JJ., concur.