Appellate Division of the Supreme Court of the State of New York November 23, 2004 (Cohen v. Mazoh)

Appeal from order, Supreme Court, New York County (Karla Moskowitz, J.), entered May 28, 2003, which granted defendants’ motion to dismiss the complaint for failure to state a cause of *297action and to plead fraud with particularity, deemed to be an appeal from judgment, same court and Justice, entered June 10, 2003, which dismissed the complaint, and so considered, judgment unanimously