DELANE CHECK CASHING CORP. v. KATZ

Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

The complaint states a legally sufficient cause of action to recover damages for fraud and, therefore, the defendant's motion to dismiss (see, CPLR 3211 [a] [7]) was properly denied. The defendant's assertion that the plaintiff's reliance was unjustified might, if proven, constitute a defense, but it does not impair the sufficiency of the complaint. Mangano, J.P., Bracken, Niehoff and Eiber, JJ., concur.