Legal Opinion

Jones v. Trustees of Union College

Appellate Division of the Supreme Court of the State of New York

Decided February 2, 2012PublishedCited by 3 opinions

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

  1. EBC I, Inc. v. Goldman, Sachs & Co.New York Court of Appeals · 2005
  2. Maas v. Cornell UniversityNew York Court of Appeals · 1999
  3. Tedeschi v. Wagner CollegeNew York Court of Appeals · 1980
  4. Olsson v. Board of Higher EducationNew York Court of Appeals · 1980
  5. 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

  1. Faiaz v. Colgate UniversityDistrict Court, N.D. New York · 2014
  2. Rolph v. Hobart & William Smith CollegesDistrict Court, W.D. New York · 2017
  3. Routh v. University of RochesterDistrict Court, W.D. New York · 2013

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