Legal Opinion
Aster Search Group v. OrthoNet New York IPA, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided June 23, 2005PublishedCited by 8 opinions
1Opinion of the Court
Order, Supreme Court, New York County (Jane S. Solomon, J.), entered December 23, 2004, which, to the extent appealed from, denied defendant’s motion to dismiss the first and third causes of action, alleging breach of contract and account stated, unanimously affirmed, without costs.
Affording the pleading a liberal construction, accepting the facts alleged in the complaint as true, according the plaintiff the benefit of every possible favorable inference, and determining that the facts alleged fit within a cognizable legal theory, dismissal of the causes of action for breach of contract and…
2Cases cited4 opinions
- Leon v. MartinezNew York Court of Appeals · 1994
- Chemical Bank v. Bruce MastersAppellate Division of the Supreme Court of the State of New York · 1991
- William T. Schmitt Associates v. LovelessSuffolk County District Court · 1984
- Graham Cook Associates v. MintzCivil Court of the City of New York · 1992
3Cited by8 opinions
- 24/7 Records, Inc. v. Sony Music Entertainment, Inc.District Court, S.D. New York · 2008
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- Port Village HOA, Inc. v. Summit AssociatesAppellate Terms of the Supreme Court of New York · 2011
- Cornerstone Capital Lending, LLC v. CrupiAppellate Division of the Supreme Court of the State of New York · 2023
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