DeLuca v. Carotenuto

Appellate Division of the Supreme Court of New York

DeLuca v. Carotenuto

299 A.D.2d 391, 749 N.Y.S.2d 428

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

DecidedNovember 12, 2002

StatusPublished

Cited by1 cases

This text of 299 A.D.2d 391 (DeLuca v. Carotenuto) 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

DeLuca v. Carotenuto, 299 A.D.2d 391, 749 N.Y.S.2d 428 (N.Y. Ct. App. 2002).

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Opinion

In an action, inter alia, to recover damages for breach of contract, the plaintiff appeals, as limited by his brief, from so much of an order of the Supreme Court, Kings County (Rappaport, J.), dated September 28, 2001, as granted those branches of the motion of the defendant Century Operating Corporation which were pursuant to CPLR 3211 (a) (7) to dismiss the first, second, and third causes of action insofar as asserted against it.

Ordered that the order is reversed insofar as appealed from, with costs, those branches of the motion which were to dismiss the first, second, and third causes of action insofar as asserted against the defendant Century Operating Corporation are denied, and those causes of action are reinstated against that defendant.

Under the circumstances of this case, the first three causes of action were sufficiently stated (see CPLR 3211 [a] [7]). Smith, J.P., Goldstein, McGinity and Mastro, JJ., concur.

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In an action, inter alia, to recover damages for breach of contract, the plaintiff appeals, as limited by his brief, from so much of an order of the Supreme Court, Kings County (Rappaport, J.), dated September 28, 2001, as granted those branches of the motion of the defendant Century Operating Corporation which were pursuant to CPLR 3211 (a) (7) to dismiss the first, second, and third causes of action insofar as asserted against it.

Ordered that the order is reversed insofar as appealed from, with costs, those branches of the motion which were to dismiss the first, second, and third causes of action insofar as asserted against the defendant Century Operating Corporation are denied, and those causes of action are reinstated against that defendant.

Under the circumstances of this case, the first three causes of action were sufficiently stated (see CPLR 3211 [a] [7]). Smith, J.P., Goldstein, McGinity and Mastro, JJ., concur.

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Bluebook (online)

299 A.D.2d 391, 749 N.Y.S.2d 428, Counsel Stack Legal Research, https://law.counselstack.com/opinion/deluca-v-carotenuto-nyappdiv-2002.

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