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Delran v. Prada USA Corp.

Appellate Division of the Supreme Court of New York, First Department
Nov 29, 2005
23 A.D.3d 308 (N.Y. App. Div. 2005)

Opinion

November 29, 2005.

Order, Supreme Court, New York County (Walter B. Tolub, J.), entered August 6, 2004, which, to the extent appealed from as limited by the briefs, dismissed count one of the complaint, pursuant to CPLR 3211 (a) (7), for failure to state a cause of action, unanimously affirmed, without costs.

Before: Sullivan, J.P., Ellerin, Nardelli and Sweeny, JJ., concur.


While it is true that in considering a motion to dismiss brought pursuant to CPLR 3211 (a) (7), the court must presume the facts pleaded to be true and must accord them every favorable inference ( Cron v. Hargro Fabrics, 91 NY2d 362, 366; Hispanic AIDS Forum v. Estate of Bruno, 16 AD3d 294, 295), factual allegations that do not set forth a viable cause of action, or that consist of bare legal conclusions, are not entitled to such consideration ( Skillgames, LLC v. Brody, 1 AD3d 247, 250; Caniglia v. Chicago Tribune-N.Y. News Syndicate, 204 AD2d 233).

In this matter, we agree with the motion court that plaintiff's allegations do not fall within the ambit of the statute and, therefore, fail to state a cause of action.


Summaries of

Delran v. Prada USA Corp.

Appellate Division of the Supreme Court of New York, First Department
Nov 29, 2005
23 A.D.3d 308 (N.Y. App. Div. 2005)
Case details for

Delran v. Prada USA Corp.

Case Details

Full title:CAROLINE DELRAN, Appellant, v. PRADA USA CORP., Respondent

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

Date published: Nov 29, 2005

Citations

23 A.D.3d 308 (N.Y. App. Div. 2005)
804 N.Y.S.2d 243

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