Appellate Division of the Supreme Court of the State of New York February 18, 1982 (Traub v. Barber)

Order, Supreme Court, New York County (Shainswit, J.), entered July 16, 1981 denying defendants’ motions to dismiss the complaints pursuant to CPLR 3211 (subd [a], par 7) for failure to state a cause of action, etc., is unanimously affirmed, with costs. Special Term explicitly stated that it was not treating these motions to dismiss as motions for summary judgments, and neither do we.