Legal Opinion
Delran v. Prada USA Corp.
Appellate Division of the Supreme Court of the State of New York
Decided November 29, 2005PublishedCited by 2 opinions
1Opinion of the Court
Order, Supreme Court, New York County (Walter B. Tolub, J.), entered August 6, 2004, which, to the extent appealed from as limited by the briefs, dismissed count one of the complaint, pursuant to CFLR 3211 (a) (7), for failure to state a cause of action, unanimously affirmed, without costs.
While it is true that in considering a motion to dismiss brought pursuant to CFLR 3211 (a) (7), the court must presume the facts pleaded to be true and must accord them every favorable inference (Cron v Hargro Fabrics, 91 NY2d 362, 366 [1998]; Hispanic AIDS Forum v Estate of Bruno, 16 AD3d 294, 295 [2005]),…
2Cases cited4 opinions
- Cron v. Hargro Fabrics, Inc.New York Court of Appeals · 1998
- Caniglia v. Chicago Tribune-New York News Syndicate Inc.Appellate Division of the Supreme Court of the State of New York · 1994
- Skillgames v. BrodyAppellate Division of the Supreme Court of the State of New York · 2003
- Hispanic Aids Forum v. Estate of BrunoAppellate Division of the Supreme Court of the State of New York · 2005
3Cited by2 opinions
- Leder v. SpiegelAppellate Division of the Supreme Court of the State of New York · 2006
- Madison Third Building Companies, LLC v. BerkeyAppellate Division of the Supreme Court of the State of New York · 2006