Spec Simple, Inc. v. Designer Pages Online LLC

OPINION OF THE COURT

Shirley Werner Kornreich, J.

Defendants Designer Pages Online LLC (DPO) and FXFOWLE Architects, LLP separately move,1 pursuant to CPLR 3211, to dismiss the amended complaint (the AC). Plaintiff Spec Simple, Inc. opposes the motions. Defendants’ motions are granted in part and denied in part for the reasons that follow.

I. Factual Background and Procedural History

As this is a motion to dismiss, the facts recited are taken from the AC (see NY St Cts Elec Filing [NYSCEF] Doc No. II)2 and the documentary evidence submitted by the parties.

Plaintiff, founded in 1992, operates…