Cottone v. Selective Surfaces, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
The Supreme Court should not have dismissed the complaint *1039in its entirety pursuant to CPLR 3211 (a) (7) upon the ground that it was “conclusory and lacking in specificity to inform defendants of the basic facts upon which a dispute exists.” The plaintiff’s 30-page complaint describes the formation, terms, and alleged breach of the oral agreement upon which this dispute is centered, and is sufficiently particular to give the defendants notice “of the transactions, occurrences, or series of transactions or occurrences, intended to be proved and the material elements of each cause of action”…
2Cases cited24 opinions
- Leon v. MartinezNew York Court of Appeals · 1994
- Guggenheimer v. GinzburgNew York Court of Appeals · 1977
- Parochial Bus Systems, Inc. v. Board of EducationNew York Court of Appeals · 1983
- Weiner v. McGraw-Hill, Inc.New York Court of Appeals · 1982
- Kaufman v. CohenAppellate Division of the Supreme Court of the State of New York · 2003
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3Cited by15 opinions
- Palmetto Partners, L.P. v. AJW Qualified Partners, LLCAppellate Division of the Supreme Court of the State of New York · 2011
- Wang v. WangAppellate Division of the Supreme Court of the State of New York · 2012
- Chiu v. Man Choi ChiuAppellate Division of the Supreme Court of the State of New York · 2010
- Sunrise Nursing Home, Inc. v. FerrisAppellate Division of the Supreme Court of the State of New York · 2013
- Lebedev v. BlavatnikAppellate Division of the Supreme Court of the State of New York · 2016
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