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Caniglia v. Chicago Tribune-New York News Syndicate Inc.

Appellate Division of the Supreme Court of New York, First Department
May 26, 1994
204 A.D.2d 233 (N.Y. App. Div. 1994)

Summary

determining that conclusory allegations need not be given deference

Summary of this case from Domus Arbiter Realty Corp. v. Bayrock Grp. LLC

Opinion

May 26, 1994

Appeal from the Supreme Court, New York County (Beverly Cohen, J.).


On a motion addressed to the sufficiency of a complaint pursuant to CPLR 3211 (a) (7), the facts pleaded are presumed to be true and are accorded every favorable inference. However, allegations consisting of bare legal conclusions, as well as factual claims inherently incredible or flatly contradicted by documentary evidence are not entitled to such consideration (see, Mark Hampton, Inc. v. Bergreen, 173 A.D.2d 220).

The IAS Court properly dismissed, without leave to replead, the plaintiffs' first cause of action, purporting to set forth a cause of action for breach of contract, as too indefinite, and therefore, unenforceable, for plaintiffs' failure to allege, in nonconclusory language, as required, the essential terms of the parties' purported personal services contract, including those specific provisions of the contract upon which liability is predicated (Chrysler Capital Corp. v. Hilltop Egg Farms, 129 A.D.2d 927, 928), whether the alleged agreement was, in fact, written or oral (Bomser v. Moyle, 89 A.D.2d 202, 205), and the rate of compensation (Cooper Sq. Realty v. A.R.S. Mgt., 181 A.D.2d 551).

Plaintiffs' second cause of action for purported fraud constitutes a mere restatement of their breach of contract claim (Kamyr, Inc. v. Combustion Eng'g, 198 A.D.2d 44) and failed to contain the essential elements of the alleged fraud, i.e., representation of a material fact, falsity, knowledge, intent to deceive, reliance and damages, with the requisite particularity pursuant to CPLR 3016 (b) (Bank Leumi Trust Co. v. D'Evori Intl., 163 A.D.2d 26, 31-32). It is well settled that a cause of action for fraud does not arise, where, as here, the only fraud alleged merely relates to a contracting party's alleged intent to breach a contractual obligation (Comtomark, Inc. v. Satellite Communications Network, 116 A.D.2d 499, 500).

Concur — Sullivan, J.P., Rosenberger, Ellerin and Kupferman, JJ.


Summaries of

Caniglia v. Chicago Tribune-New York News Syndicate Inc.

Appellate Division of the Supreme Court of New York, First Department
May 26, 1994
204 A.D.2d 233 (N.Y. App. Div. 1994)

determining that conclusory allegations need not be given deference

Summary of this case from Domus Arbiter Realty Corp. v. Bayrock Grp. LLC

affirming the dismissal of a claim "purporting to set forth a cause of action for breach of contract, as too indefinite, and therefore, unenforceable, for plaintiffs' failure to allege, in nonconclusory language, as required, the essential terms of the parties' purported personal services contract, including those specific provisions of the contract upon which liability is predicated"

Summary of this case from Avent v. Platinum Plus Auto Prot.

dismissing complaint for “failure to allege, in nonconclusory language, as required, the essential terms of the parties' purported personal services contract, including those specific provisions of the contract upon which liability is predicated ... whether the alleged agreement was, in fact, written or oral ... and the rate of compensation”

Summary of this case from Star Multi Care Servs., Inc. v. Empire Blue Cross Blue Shield

dismissing breach of contract claim based on failure to plead essential terms of parties' contract

Summary of this case from ARG Renovation Contracting Corp. v. Quaco
Case details for

Caniglia v. Chicago Tribune-New York News Syndicate Inc.

Case Details

Full title:PAUL J. CANIGLIA et al., Appellants, v. CHICAGO TRIBUNE-NEW YORK NEWS…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: May 26, 1994

Citations

204 A.D.2d 233 (N.Y. App. Div. 1994)
612 N.Y.S.2d 146

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