Legal Opinion

Born to Build LLC v. Saleh

New York Supreme Court

Decided June 7, 2012Published

1Opinion of the Court

OPINION OF THE COURT

Vito M. DeStefano, J.

In this action to recover damages for, inter alia, breach of contract and conversion, the defendant 1141 Realty LLC moves for an order pursuant to “CPLR 3211 (a)(4), (a)(7) and/or RPAPL 1301 (3) dismissing the complaint” insofar as asserted against it. The defendant also requests “costs and expenses of this motion.”

For the reasons that follow, the motion is denied, except that the branch of the motion seeking dismissal of the eighth cause of action insofar as asserted against 1141 Realty is granted and that cause of action is dismissed insofar as…

2Cases cited5 opinions

  1. Leon v. MartinezNew York Court of Appeals · 1994
  2. Morone v. MoroneNew York Court of Appeals · 1980
  3. Meese v. MillerAppellate Division of the Supreme Court of the State of New York · 1981
  4. Azzopardi v. American Blower Corp.Appellate Division of the Supreme Court of the State of New York · 1993
  5. Cheung v. Chao FuAppellate Division of the Supreme Court of the State of New York · 2010

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