Legal Opinion

Denenberg v. Rosen

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

Decided January 7, 2010PublishedCited by 55 opinions

1Opinion of the Court

OPINION OF THE COURT

Moskowitz, J.

Plaintiff, a commodities trader, claims that all the defendants induced him to establish a pension plan that guaranteed tax benefits that the IRS later disallowed. The motion court dismissed claims against the moving defendants sounding in breach of contract, fraud and negligent misrepresentation. Plaintiff is not appealing the dismissal of these claims. Rather, the moving defendants appeal from the motion court’s denial of their motions to dismiss the remaining claims against them in the 69-page complaint. We reverse the order of the motion court to the…

2Cases cited8 opinions

  1. Goshen v. Mutual Life InsuranceNew York Court of Appeals · 2002
  2. Oswego Laborers' Local 214 Pension Fund v. Marine Midland Bank, N. A.New York Court of Appeals · 1995
  3. New York University v. Continental InsuranceNew York Court of Appeals · 1995
  4. Goldman v. Metropolitan Life InsuranceNew York Court of Appeals · 2005
  5. Sperry v. Crompton Corp.New York Court of Appeals · 2007

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3Cited by55 opinions

  1. Axiom Investment Advisors, LLC ex rel. Gildor Management, LLC v. Deutsche Bank AGDistrict Court, S.D. New York · 2017
  2. Johnson v. Proskauer Rose LLPAppellate Division of the Supreme Court of the State of New York · 2015
  3. Consumer Fin. Prot. Bureau v. RD Legal Funding, LLCDistrict Court, S.D. Illinois · 2018
  4. King v. New York City Employees Retirement SystemDistrict Court, E.D. New York · 2016
  5. Fortress Credit Corp. v. Dechert LLPAppellate Division of the Supreme Court of the State of New York · 2011

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