Gladliz, Inc. v. Castiron Court Corp.
New York Supreme Court
1Opinion of the Court
OPINION OF THE COURT
Edward H. Lehner, J.
Defendants move for an order (a) dismissing the complaint dated July 15, 1997 (the Complaint) of Gladliz, Inc. (Gladliz) pursuant to CPLR 3211 (a) (1) and (7) and 3016 (b) on the grounds that (i) Gladliz waived its right to seek damages (as opposed to specific performance or declaratory judgment), (ii) the Complaint fails to state a cause of action, (iii) the Complaint fails to plead fraud with sufficient specificity, and (iv) the allegations in the Complaint are refuted by the documentary evidence; and (b) assessing costs against Gladliz and its…
2Cases cited13 opinions
- Clark-Fitzpatrick, Inc. v. Long Island Rail RoadNew York Court of Appeals · 1987
- Ashland Management Inc. v. JanienNew York Court of Appeals · 1993
- Kenford Co. v. County of ErieNew York Court of Appeals · 1986
- Lanzi v. BrooksNew York Court of Appeals · 1977
- Rowe v. Great Atlantic & Pacific Tea Co.New York Court of Appeals · 1978
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3Cited by1 opinion
- Phillips v. American International Group, Inc.District Court, S.D. New York · 2007