Bodden v. Delcath Systems, Inc.

Order, Supreme Court, New York County (Lewis Friedman, J.), entered June 13, 1997, which dismissed the complaint in its entirety as barred by the relevant Statutes of Limitation (CPLR 3211 [a] [5]), for failure to allege fraud in sufficient detail (CPLR 3016 [b]), and for failure to state a cause of action (CPLR 3211 [a] [7]), unanimously affirmed, without costs.

We agree with the IAS Court that plaintiff’s various claims fail to set forth a cause of action upon which relief can be granted as they are lacking in specificity, untimely commenced or fail to allege a legally cognizable duty. Concur — Sullivan, J. P., Rosenberger, Nardelli, Williams and Andrias, JJ.