Bodden v. Delcath Systems, Inc.

Appellate Division of the Supreme Court of New York

Bodden v. Delcath Systems, Inc.

254 A.D.2d 201, 679 N.Y.S.2d 568, 1998 N.Y. App. Div. LEXIS 11389

CourtAppellate Division of the Supreme Court of the State of New York

DecidedOctober 27, 1998

StatusPublished

This text of 254 A.D.2d 201 (Bodden v. Delcath Systems, Inc.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Bodden v. Delcath Systems, Inc., 254 A.D.2d 201, 679 N.Y.S.2d 568, 1998 N.Y. App. Div. LEXIS 11389 (N.Y. Ct. App. 1998).

Pincite

Opinion

Order, Supreme Court, New York County (Lewis Friedman, J.), entered June 13, 1997, which dismissed the complaint in its entirety as barred by the relevant Statutes of Limitation (CPLR 3211 [a] [5]), for failure to allege fraud in sufficient detail (CPLR 3016 [b]), and for failure to state a cause of action (CPLR 3211 [a] [7]), unanimously affirmed, without costs.

We agree with the IAS Court that plaintiff’s various claims fail to set forth a cause of action upon which relief can be granted as they are lacking in specificity, untimely commenced or fail to allege a legally cognizable duty. Concur — Sullivan, J. P., Rosenberger, Nardelli, Williams and Andrias, JJ.

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Order, Supreme Court, New York County (Lewis Friedman, J.), entered June 13, 1997, which dismissed the complaint in its entirety as barred by the relevant Statutes of Limitation (CPLR 3211 [a] [5]), for failure to allege fraud in sufficient detail (CPLR 3016 [b]), and for failure to state a cause of action (CPLR 3211 [a] [7]), unanimously affirmed, without costs.

We agree with the IAS Court that plaintiff’s various claims fail to set forth a cause of action upon which relief can be granted as they are lacking in specificity, untimely commenced or fail to allege a legally cognizable duty. Concur — Sullivan, J. P., Rosenberger, Nardelli, Williams and Andrias, JJ.

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Bluebook (online)

254 A.D.2d 201, 679 N.Y.S.2d 568, 1998 N.Y. App. Div. LEXIS 11389, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bodden-v-delcath-systems-inc-nyappdiv-1998.