Dragon Head LLC v. Elkman
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Order, Supreme Court, New York County (Shirley Werner Kornreich, J.), entered June 14, 2012, which granted defendant Deutsche Bank Alex. Brown, a Division of Deutsche Bank Securities, Inc.’s motion to dismiss the complaint as against it, and denied plaintiff’s cross motion to amend the complaint, unanimously affirmed, without costs.
Plaintiff’s allegations against Deutsche Bank are not entitled to be deemed true, since they consist of bare legal conclusions and factual assertions that are flatly contradicted by the documentary evidence showing that Deutsche Bank was not a party to the written…
2Cases cited8 opinions
- Georgia Malone & Co. v. RiederNew York Court of Appeals · 2012
- Colavito v. New York Organ Donor Network, Inc.New York Court of Appeals · 2006
- Bradkin v. LevertonNew York Court of Appeals · 1970
- Biondi v. Beekman Hill House Apartment Corp.New York Court of Appeals · 2000
- Georgia Malone & Co. v. RiederAppellate Division of the Supreme Court of the State of New York · 2011
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