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Shahid v. Dechert, LLP

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Jun 12, 2019
173 A.D.3d 924 (N.Y. App. Div. 2019)

Opinion

2017–10775 Index No. 4/17

06-12-2019

Abdus SHAHID, Appellant, v. DECHERT, LLP, Respondent.

Abdus Shahid, Brooklyn, NY, appellant pro se. Vigorito, Barker, Porter & Patterson, LLP, Valhalla, N.Y. (Leilani Rodriguez of counsel), for respondent.


Abdus Shahid, Brooklyn, NY, appellant pro se.

Vigorito, Barker, Porter & Patterson, LLP, Valhalla, N.Y. (Leilani Rodriguez of counsel), for respondent.

REINALDO E. RIVERA, J.P., JEFFREY A. COHEN, JOSEPH J. MALTESE, VALERIE BRATHWAITE NELSON, JJ.

DECISION & ORDER In an action, inter alia, to recover damages for injury to property, the plaintiff appeals from an order of the Supreme Court, Kings County (Pamela L. Fisher, J.), entered August 25, 2017. The order, insofar as appealed from, granted that branch of the defendant's motion which was pursuant to CPLR 3211(a)(7) to dismiss the complaint. ORDERED that the order is affirmed insofar as appealed from, with costs.

The plaintiff commenced this action, alleging in the complaint that the defendant law firm "intentionally violated Government rule and represented one squatter and two occupants of plaintiff's property who has extremely high income to keep these 3 persons longer time in the premises who has no lease and who are making extreme damage of the property continuously." The defendant moved, inter alia, pursuant to CPLR 3211(a)(7) to dismiss the complaint. The Supreme Court granted that branch of the defendant's motion.

" ‘On a motion to dismiss the complaint pursuant to CPLR 3211(a)(7) for failure to state a cause of action, the court must afford the pleading a liberal construction, accept all facts as alleged in the pleading to be true, accord the plaintiff the benefit of every possible inference, and determine only whether the facts as alleged fit within any cognizable legal theory’ " ( Blum v. Citibank, NA, 162 A.D.3d 631, 632, 81 N.Y.S.3d 51, quoting Breytman v. Olinville Realty, LLC, 54 A.D.3d 703, 703–704, 864 N.Y.S.2d 70 ; see Leon v. Martinez, 84 N.Y.2d 83, 87, 614 N.Y.S.2d 972, 638 N.E.2d 511 ; Attallah v. Milbank, Tweed, Hadley & McCloy, LLP, 168 A.D.3d 1026, 1027–1028, 93 N.Y.S.3d 353 ; Kliger–Weiss Infosystems, Inc. v. Ruskin Moscou Faltischek, P.C., 159 A.D.3d 683, 684, 73 N.Y.S.3d 205 ). Here, according the plaintiff the benefit of every possible inference, the complaint fails to allege facts that would constitute a legally cognizable cause of action. Accordingly, we agree with the Supreme Court's determination to grant that branch of the defendant's motion which was pursuant to CPLR 3211(a)(7) to dismiss the complaint.

RIVERA, J.P., COHEN, MALTESE and BRATHWAITE NELSON, JJ., concur.


Summaries of

Shahid v. Dechert, LLP

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Jun 12, 2019
173 A.D.3d 924 (N.Y. App. Div. 2019)
Case details for

Shahid v. Dechert, LLP

Case Details

Full title:Abdus Shahid, appellant, v. Dechert, LLP, respondent.

Court:SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department

Date published: Jun 12, 2019

Citations

173 A.D.3d 924 (N.Y. App. Div. 2019)
100 N.Y.S.3d 532
2019 N.Y. Slip Op. 4744