Jones v. Trustees of Union College
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtMalone Jr., J.
*998As limited by his brief, plaintiff contends that Supreme Court erred in finding that the amended complaint failed to state a cause of action for breach of contract. In the context of a motion to dismiss for failure to state a cause of action, “court[s] must afford the pleadings a liberal construction, take the allegations of the complaint as true and provide plaintiff the benefit of every possible inference” (EBC I, Inc. v Goldman, Sachs & Co., 5 NY3d 11, 19 [2005]). Here, plaintiff alleges that a contract exists between plaintiff and the College pursuant to which plaintiff agreed to pay…
2Cases cited8 opinions
- EBC I, Inc. v. Goldman, Sachs & Co.New York Court of Appeals · 2005
- Maas v. Cornell UniversityNew York Court of Appeals · 1999
- Tedeschi v. Wagner CollegeNew York Court of Appeals · 1980
- Olsson v. Board of Higher EducationNew York Court of Appeals · 1980
- Carr v. St. John's UniversityAppellate Division of the Supreme Court of the State of New York · 1962
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3Cited by3 opinions
- Faiaz v. Colgate UniversityDistrict Court, N.D. New York · 2014
- Rolph v. Hobart & William Smith CollegesDistrict Court, W.D. New York · 2017
- Routh v. University of RochesterDistrict Court, W.D. New York · 2013