Richmond Shop Smart, Inc. v. Kenbar Development Center, LLC
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action for specific performance of a contract containing a restrictive covenant or, alternatively, inter alia, to recover damages for breach of contract and fraud, the defendant appeals from an order of the Supreme Court, Richmond County (Minardo, J.), dated December 1, 2005, which denied its motion pursuant to CPLR 3211 (a) (7) to dismiss the complaint for failure to state a cause of action.
Ordered that the order is affirmed, with costs.
In deciding a motion to dismiss pursuant to CPLR 3211 (a) (7), the court “must accept as true the facts as alleged in the complaint and submissions in…
2Cases cited11 opinions
- Leon v. MartinezNew York Court of Appeals · 1994
- Guggenheimer v. GinzburgNew York Court of Appeals · 1977
- Lama Holding Co. v. Smith Barney Inc.New York Court of Appeals · 1996
- Dalton v. Educational Testing ServiceNew York Court of Appeals · 1995
- Sokoloff v. Harriman Estates Development Corp.New York Court of Appeals · 2001
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3Cited by12 opinions
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- Martin v. New York Hospital Medical CenterAppellate Division of the Supreme Court of the State of New York · 2006
- Schwartz v. SchwartzAppellate Division of the Supreme Court of the State of New York · 2008
- De Paulis Holding Corp. v. VitaleAppellate Division of the Supreme Court of the State of New York · 2009
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