Kaufman v. International Business Machines Corp.

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, without costs, for the reasons stated in the memorandum of the Appellate Division (97 AD2d 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 AD2d 660, affd 44 NY2d 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 NYCRR 500.4), order affirmed, without costs, in a memorandum.