Konidaris v. Aeneas Capital Management, LP
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action, inter alia, to recover damages for breach of contract, the defendants appeal from an order of the Supreme Court, Westchester County (Rudolph, J.), entered August 12, 2003, which denied their motion to dismiss the complaint pursuant to CPLR 3211 (a) (5) and (7) and granted the plaintiffs cross motion for leave to amend the complaint.
Ordered that the order is affirmed, with costs.
On a motion to dismiss pursuant to CPLR 3211, a court must accept as true the facts as alleged within the four corners of the complaint and accord the plaintiff the benefit of every possible favorable…
2Cases cited6 opinions
- Leon v. MartinezNew York Court of Appeals · 1994
- Guggenheimer v. GinzburgNew York Court of Appeals · 1977
- Rovello v. Orofino Realty Co.New York Court of Appeals · 1976
- Fiorenti v. Central Emergency Physicians, PLLCAppellate Division of the Supreme Court of the State of New York · 2003
- Leszczynski v. Kelly & McGlynnAppellate Division of the Supreme Court of the State of New York · 2001
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3Cited by6 opinions
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- Menicucci Villa & Associates v. PickettAppellate Division of the Supreme Court of the State of New York · 2005
- Incorporated Village of Manorhaven v. TonerNew York Supreme Court · 2016
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