Chapman, Spira & Carson, LLC v. Helix BioPharma Corp.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Order, Supreme Court, New York County (Charles E. Ramos, J.), entered on or about May 15, 2013, which, insofar as appealed from, denied the motion of defendant Helix BioPharma Corp. to dismiss plaintiffs claims against it pursuant to CPLR 3211, unanimously modified, on the law, to dismiss the breach of contract claim, and otherwise affirmed, without costs.
*527The alleged contract is challenged by defendant under both CPLR 3211 (a) (7), for failure to state a cause of action, and (a) (5), as barred by the statute of frauds. Initially, we reject defendant’s challenges under CPLR 3211 (a) (7). When…
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- Soumayah v. MinnelliAppellate Division of the Supreme Court of the State of New York · 2007
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