Legal Opinion
Brown v. Wolf Group Integrated Communications, Ltd.
Appellate Division of the Supreme Court of the State of New York
Decided November 15, 2005PublishedCited by 3 opinions
1Opinion of the Court
Order, Supreme Court, New York County (Walter B. Tolub, J.), entered October 12, 2004, which granted defendants’ motion to dismiss the complaint, unanimously affirmed, without costs.
While we reject defendants’ jurisdictional claim that they were not properly served, since it appears that the party who accepted process was fully authorized to do so, the complaint, alleging fraud, was nonetheless properly dismissed, for failure to state a cause of action. Plaintiffs claim was not pleaded with the particularity mandated by CPLR 3016 (b). Although plaintiff alleged that defendants “deliberately…
2Cases cited3 opinions
- Channel Master Corp. v. Aluminium Limited Sales, Inc.New York Court of Appeals · 1958
- J.A.O. Acquisition Corp. v. StavitskyAppellate Division of the Supreme Court of the State of New York · 2005
- Bencivenga & Co. v. PhyfeAppellate Division of the Supreme Court of the State of New York · 1994
3Cited by3 opinions
- Gregor v. RossiAppellate Division of the Supreme Court of the State of New York · 2014
- Hyman v. New York Stock Exchange, Inc.Appellate Division of the Supreme Court of the State of New York · 2007
- Ramos v. RamirezAppellate Division of the Supreme Court of the State of New York · 2006