Legal Opinion
Montes Corp. v. Charles Freihofer Baking Co.
Appellate Division of the Supreme Court of the State of New York
Decided April 4, 2005PublishedCited by 5 opinions
1Opinion of the Court
In an action, inter alia, to recover damages for breach of contract, the defendant appeals from an order of the Supreme Court, Queens County (Weiss, J.), dated November 13, 2003, which denied its motion pursuant to CPLR 3211 (a) (1) and (7) to dismiss the plaintiffs’ fourth cause of action to recover damages for the improper termination of the contract.
Ordered that the order is affirmed, with costs.
On a motion to dismiss a cause of action pursuant to CPLR 3211 (a) (7), the court must accept as true the factual allegations of the complaint and accord the plaintiff all favorable inferences…
2Cases cited8 opinions
- Leon v. MartinezNew York Court of Appeals · 1994
- Guggenheimer v. GinzburgNew York Court of Appeals · 1977
- Berger v. Temple Beth-El of Great NeckAppellate Division of the Supreme Court of the State of New York · 2003
- Board of Education of City School District v. County of WestchesterAppellate Division of the Supreme Court of the State of New York · 2001
- Trade Source, Inc. v. Westchester Wood Works, Inc.Appellate Division of the Supreme Court of the State of New York · 2002
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3Cited by5 opinions
- Foster v. KovnerAppellate Division of the Supreme Court of the State of New York · 2007
- Porcelli v. Key Food Stores Co-Operative, Inc.Appellate Division of the Supreme Court of the State of New York · 2007
- Sheridan v. CarterAppellate Division of the Supreme Court of the State of New York · 2008
- Sheridan v. CarterAppellate Division of the Supreme Court of the State of New York · 2008
- Kaplon-Belo Associates, Inc. v. D'AngeloAppellate Division of the Supreme Court of the State of New York · 2008