Appellate Division of the Supreme Court of the State of New York June 11, 1981 (New York Fruit Auction Corp. v. City of New York)

*160OPINION OF THE COURT

Murphy, P. J.

The City of New York moved at Special Term for an order dismissing the complaint for legal insufficiency (CPLR 3211, subd [a], par 7) and/or granting it summary judgment (CPLR 3212).

With regard to the first branch of the motion, the verified complaint of plaintiff New York Fruit Auction Corporation (Auction) contains four causes of action.