Opinion
Decided March 20, 1984
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, John G. Connor, J.
Melvin M. Kaufman, appellant pro se. Edward G. Imperatore for respondent.
MEMORANDUM.
The order of the Appellate Division should be affirmed, without costs, for the reasons stated in the memorandum of the Appellate Division ( 97 A.D.2d 925). Plaintiff's complaint and submissions in response to defendant's motion to dismiss pursuant to CPLR 3211 (subd [a], par 7) have demonstrated that plaintiff has not stated a cause of action against defendant for which the requested relief can be granted. (See Davis v Williams, 59 A.D.2d 660, affd 44 N.Y.2d 882.)
Chief Judge COOKE and Judges JASEN, JONES, MEYER, SIMONS and KAYE concur; Judge WACHTLER taking no part.
On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 N.Y.CRR 500.4), order affirmed, without costs, in a memorandum.