Woss, LLC v. 218 Eckford, LLC
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action, inter alia, to recover damages for breach of contract, breach of fiduciary duty, and unjust enrichment, the plaintiff appeals from an order of the Supreme Court, Kings County (Jacobson, J.), dated June 30, 2011, which granted the defendants’ motion to dismiss the complaint pursuant to CPLR 3211 (a) (7).
Ordered that the order is affirmed, with costs.
On a motion to dismiss the complaint pursuant to CPLR 3211 (a) (7) for failure to state a cause of action, the court must afford the complaint a liberal construction (see CPLR 3026), “accept the facts as alleged in the complaint as…
2Cases cited10 opinions
- Leon v. MartinezNew York Court of Appeals · 1994
- Guggenheimer v. GinzburgNew York Court of Appeals · 1977
- Rovello v. Orofino Realty Co.New York Court of Appeals · 1976
- Sokol v. LeaderAppellate Division of the Supreme Court of the State of New York · 2010
- Nonnon v. City of New YorkNew York Court of Appeals · 2007
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3Cited by15 opinions
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- Rosin v. WeinbergAppellate Division of the Supreme Court of the State of New York · 2013
- Krigsfeld v. FeldmanAppellate Division of the Supreme Court of the State of New York · 2014
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