Carroll-Ratner Corp. v. New Rochelle Municipal Housing Authority

Appellate Division of the Supreme Court of New York

Carroll-Ratner Corp. v. New Rochelle Municipal Housing Authority

178 A.D.2d 397, 576 N.Y.S.2d 805, 1991 N.Y. App. Div. LEXIS 15967

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

DecidedDecember 2, 1991

StatusPublished

This text of 178 A.D.2d 397 (Carroll-Ratner Corp. v. New Rochelle Municipal Housing Authority) 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

Carroll-Ratner Corp. v. New Rochelle Municipal Housing Authority, 178 A.D.2d 397, 576 N.Y.S.2d 805, 1991 N.Y. App. Div. LEXIS 15967 (N.Y. Ct. App. 1991).

Pincite

Opinion

In an action to recover damages for breach of contract and breach of fiduciary duty, and for an accounting, the defendants appeal from an order of the Supreme Court, Westchester County (Donovan, J.), entered March 16, 1990, which denied their motion to dismiss the plaintiff’s third and fourth causes of action.

Ordered that the order is affirmed, with costs.

In examining the sufficiency of a complaint, the challenged pleading is to be construed liberally (see, CPLR 3026), and is deemed to allege whatever can be implied from its statements by fair and reasonable intendment (see, Cohn v Lionel Corp., 21 NY2d 559). Here, the allegations of fraudulent conduct were pleaded in sufficient detail to clearly inform the defendants of the incidents complained of (see, CPLR 3016 [b]; Lanzi v Brooks, 43 NY2d 778, 780; Jered Contr. Corp. v New York City Tr. Auth., 22 NY2d 187). Kunzeman, J. P., Fiber, Miller and Ritter, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

In an action to recover damages for breach of contract and breach of fiduciary duty, and for an accounting, the defendants appeal from an order of the Supreme Court, Westchester County (Donovan, J.), entered March 16, 1990, which denied their motion to dismiss the plaintiff’s third and fourth causes of action.

Ordered that the order is affirmed, with costs.

In examining the sufficiency of a complaint, the challenged pleading is to be construed liberally (see, CPLR 3026), and is deemed to allege whatever can be implied from its statements by fair and reasonable intendment (see, Cohn v Lionel Corp., 21 NY2d 559). Here, the allegations of fraudulent conduct were pleaded in sufficient detail to clearly inform the defendants of the incidents complained of (see, CPLR 3016 [b]; Lanzi v Brooks, 43 NY2d 778, 780; Jered Contr. Corp. v New York City Tr. Auth., 22 NY2d 187). Kunzeman, J. P., Fiber, Miller and Ritter, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

178 A.D.2d 397, 576 N.Y.S.2d 805, 1991 N.Y. App. Div. LEXIS 15967, Counsel Stack Legal Research, https://law.counselstack.com/opinion/carroll-ratner-corp-v-new-rochelle-municipal-housing-authority-nyappdiv-1991.

Opinion

Related

Cite This Page — Counsel Stack