AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Attorney(S)
Judges

FRED TUCK AND COMPANY, INC., respondent, v. BRONXVILLE PROPERTIES, INC., et al., appellants.

DECISION ORDER

ORDERED that the appeal by the defendant Bronxville Properties, Inc., is dismissed for failure to perfect (see, 22 NYCRR 670.8 [e][1]); and it is further,

ORDERED that the order is affirmed insofar as appealed from by Jack Dweck; and it is further,

ORDERED that the respondent is awarded one bill of costs.

It is well settled that on a motion to dismiss a pleading for failure to state a cause of action pursuant to CPLR 3211(a)(7), the pleading is to be liberally construed, accepting all the facts alleged therein to be true, and according the allegations the benefit of every possible favorable inference to determine whether the facts alleged fit within any cognizable legal theory (see,Leon v. Martinez, 84 N.Y.2d 83 ; EECP Centers of America, Inc. v. Vasomedical, Inc., 265 A.D.2d 372 [2d Dept., Oct. 12, 1999]).

The complaint stated a cause of action against the appellant Jack Dweck, because it alleged that he personally entered into the contract at issue, and that he breached the contract.

MANGANO, P.J., RITTER, JOY, McGINITY, and SMITH, JJ., concur.

Use AI to get other relevant cases.

Comments

FRED TUCK CO., INC. v. BRONXVILLE PROP
(Dec 27, 1999)