Home/Appellate Division of the Supreme Court of New York/Fox Court Realty, Inc. v. Health Insurance Plan of Greater New York, Inc.

Fox Court Realty, Inc. v. Health Insurance Plan of Greater New York, Inc.

278 A.D.2d 448, 717 N.Y.S.2d 921, 2000 N.Y. App. Div. LEXIS 13850
CourtAppellate Division of the Supreme Court of the State of New York
DecidedDecember 26, 2000
StatusPublished

This text of 278 A.D.2d 448 (Fox Court Realty, Inc. v. Health Insurance Plan of Greater New York, 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
Fox Court Realty, Inc. v. Health Insurance Plan of Greater New York, Inc., 278 A.D.2d 448, 717 N.Y.S.2d 921, 2000 N.Y. App. Div. LEXIS 13850 (N.Y. Ct. App. 2000).

Opinion

In an action, inter alia, to recover damages for fraud, the plaintiff appeals, as limited by its brief, from so much of an order of the Supreme Court, Rockland County (Sherwood, J.), dated January 28, 2000, as granted the defendant’s motion pursuant to CPLR 3211 (a) (1), (5), and (7) to dismiss the complaint.

Ordered that the order is affirmed insofar as appealed from, with costs.

[449]*449Taking the allegations of the complaint as true and resolving all reasonable inferences in favor of the plaintiff, we agree that the plaintiff failed to state a cause of action to recover damages for, inter alia, breach of contract or fraud (see, Gaidon v Guardian Life Ins. Co., 94 NY2d 330; Lama Holding Co. v Smith Barney, 88 NY2d 413, 421; New York Univ. v Continental Ins. Co., 87 NY2d 308; Aventine Inv. Mgt. v Canadian Imperial Bank, 265 AD2d 513). Thus, the Supreme Court properly granted the motion to dismiss the complaint. Ritter, J. P., S. Miller, Goldstein and Smith, JJ., concur.

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Related

Lama Holding Co. v. Smith Barney Inc.
668 N.E.2d 1370 (New York Court of Appeals, 1996)
Gaidon v. Guardian Life Insurance Co. of America
725 N.E.2d 598 (New York Court of Appeals, 1999)
New York University v. Continental Insurance
662 N.E.2d 763 (New York Court of Appeals, 1995)
Aventine Investment Management, Inc. v. Canadian Imperial Bank of Commerce
265 A.D.2d 513 (Appellate Division of the Supreme Court of New York, 1999)

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Bluebook (online)
278 A.D.2d 448, 717 N.Y.S.2d 921, 2000 N.Y. App. Div. LEXIS 13850, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fox-court-realty-inc-v-health-insurance-plan-of-greater-new-york-inc-nyappdiv-2000.