Perez v. Lopez, 97 A.D.3d 558 (N.Y. App. Div. 2012). · Go Syfert
Perez v. Lopez, 97 A.D.3d 558 (N.Y. App. Div. 2012). Cases Citing This Book View Copy Cite
“in order to properly plead a cause of action to recover damages for civil conspiracy, the plaintiff must allege a cognizable tort.”
20 citation events (20 in the last 25 years) across 4 distinct courts.
Strongest positive: Industrial Enterprises of America, Inc. v. Mazzuto (In re Pitt Penn Holding Co.) (deb, 2012-11-30)
Treatment trajectory · 2012 → 2026 · click a year to view as-of
2012 2019 2026
Top citers, strongest first. 11 distinct citers. How cited ↗
discussed Cited as authority (quoted) Industrial Enterprises of America, Inc. v. Mazzuto (In re Pitt Penn Holding Co.)
Bankr. D. Del. · 2012 · signal: see · quote attribution · 1 verbatim quote · confidence high
in order to properly plead a cause of action to recover damages for civil conspiracy, the plaintiff must allege a cognizable tort.
discussed Cited as authority (rule) 482 Tompkins Realty LLC v. 482 Tompkins Capital LLC
N.Y. Sup. Kings · 2024 · confidence medium
Under New York law, "[i]n order to properly plead a cause of action to recover damages for civil conspiracy, the plaintiff must allege a cognizable tort, coupled with an agreement between the conspirators regarding the tort, and an overt action in furtherance of the agreement" (Perez v Lopez, 97 AD3d 558, 560 [2d Dept 2012]; see 1766-68 Assoc., LP v City of New York, 91 AD3d 519, 520 [1st Dept 2012]; Abacus Fed.
discussed Cited as authority (rule) Blackman v. JPMorgan Chase Bank, N.A. (2×)
E.D.N.Y · 2022 · confidence medium
Aug. 9, 2021) (quoting Perez v. Lopez, 97 A.D.3d 558, 560 (N.Y.
discussed Cited as authority (rule) Arvanitakis v. Lester
N.Y. App. Div. · 2016 · signal: cf. · confidence medium
Here, since the court properly granted dismissal of the causes of ac *653 tion alleging defamation and misappropriation of confidential information, the court also properly granted dismissal of the causes of action alleging conspiracy to commit those torts (see Dobies v Brefka, 263 AD2d 721, 722 [1999]; Savannah Bank v Savings Bank of Fingerlakes, 261 AD2d 917, 918 [1999]; cf. Perez v Lopez, 97 AD3d 558, 560 [2012]).
discussed Cited as authority (rule) Faulkner v. City of Yonkers
N.Y. App. Div. · 2013 · confidence medium
Therefore, under New York law, “[i]n order to properly plead a cause of action to recover damages for civil conspiracy, the plaintiff must allege a cognizable tort, coupled with an agreement between the conspirators regarding the tort, and an overt action in furtherance of the agreement” {Perez v Lopez, 97 AD3d 558, 560 [2012]; see 1766-68 Assoc., LP v City of New York, 91 AD3d 519, 520 [2012]; Abacus Fed.
discussed Cited as authority (rule) Faulkner v. City of Yonkers
N.Y. App. Div. · 2013 · confidence medium
Therefore, under New York law, “[i]n order to properly plead a cause of action to recover damages for civil conspiracy, the plaintiff must allege a cognizable tort, coupled with an agreement between the conspirators regarding the tort, and an overt action in furtherance of the agreement” {Perez v Lopez, 97 AD3d 558, 560 [2012]; see 1766-68 Assoc., LP v City of New York, 91 AD3d 519, 520 [2012]; Abacus Fed.
discussed Cited "see" B&H Flooring, LLC v. Folger
N.Y. App. Div. · 2024 · signal: see · confidence high
"For purposes of obtaining leave to enter a default judgment, a verified complaint 'need only allege enough facts to enable a court to determine that a viable cause of action exists'" ( Barbetta v NY Auto Find, Inc. , 221 AD3d at 853 , quoting Woodson v Mendon Leasing Corp ., 100 NY2d 62, 71 ). [*3]"However, 'a court does not have a mandatory, ministerial duty to grant a motion for leave to enter a default judgment, and retains the discretionary obligation to determine whether the movant has met the burden of stating a viable cause of action'" ( Barbetta v NY Auto Find, Inc. , 221 AD3d at 853 …
discussed Cited "see" VIP Pet Grooming Studio, Inc. v. Sproule
N.Y. App. Div. · 2024 · signal: see · confidence high
In such instances, because the "statement does not accuse a party of general ignorance or lack of skill, it is not deemed actionable unless special damages are pleaded and proven" ( id. at 237 ; see Perez v Lopez , 97 AD3d 558, 559 ; Porcari v Gannett Satellite Info.
discussed Cited "see" VIP Pet Grooming Studio, Inc. v. Sproule
N.Y. App. Div. · 2024 · signal: see · confidence high
In such instances, because the "statement does not accuse a party of general ignorance or lack of skill, it is not deemed actionable unless special damages are pleaded and proven" ( id. at 237 ; see Perez v Lopez , 97 AD3d 558, 559 ; Porcari v Gannett Satellite Info.
discussed Cited "see" Clevenger v. Yuzek
N.Y. App. Div. · 2023 · signal: see · confidence high
"However, a plaintiff may plead the existence of a conspiracy in order to connect the actions of the individual defendants with an actionable, underlying tort, and establish [*4]that those actions were part of a common scheme" ( McSpedon v Levine , 158 AD3d at 621; see Alexander & Alexander of N.Y. v Fritzen , 68 NY2d at 969 ). "[I]n order to properly plead a cause of action to recover damages for civil conspiracy, the plaintiff must allege a cognizable tort, coupled with an agreement between the conspirators regarding the tort, and an overt action in furtherance of the agreement" ( Perez v Lo…
cited Cited "see" Great Lakes Motor Corp. v. Johnson
N.Y. App. Div. · 2017 · signal: see · confidence high
Bank v Lim, 75 AD3d 472, 474 [1st Dept 2010]; see Perez v Lopez, 97 AD3d 558, 500 [2d Dept 2012]).
Retrieving the full opinion text from the archive…
Jose Perez
v.
Jenny Lopez
Appellate Division of the Supreme Court of the State of New York.
Jul 5, 2012.
97 A.D.3d 558

[*559] 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 complaint a liberal construction (see CPLR 3026), “accept the facts as alleged in the complaint as true, accord plaintiffs the benefit of every possible favorable inference, and determine only whether the facts as alleged fit within any cognizable legal theory” (Leon v Martinez, 84 NY2d 83, 87-88 [1994]; see Nonnon v City of New York, 9 NY3d 825, 827 [2007]; Knutt v Metro Intl., S.A., 91 AD3d 915, 915 [2012]).

Contrary to the Supreme Court’s determination, the defamatory statement alleged in the complaint to have been made by the defendant Jenny Lopez was pleaded with sufficient particularity (see CPLR 3016 [a]; Amaranth LLC v J.P. Morgan Chase & Co., 71 AD3d 40, 48 [2009]) and was reasonably susceptible of a defamatory meaning (cf. Golub v Enquirer/Star Group, 89 NY2d 1074, 1076 [1997]). Moreover, the plaintiff sufficiently pleaded defamation per se, as the alleged defamatory statement tended to disparage him “in the way of [his] office, profession, trade or business” (Herlihy v Metropolitan Museum of Art, 214 AD2d 250, 261 [1995]). Contrary to the defendants’ contention, the “single instance” rule is inapplicable under the circumstances presented because the alleged defamatory statement accused the plaintiff of “much more than a mere mistake, dereliction, or lapse in judgment on a single occasion” (Porcari v Gannett Satellite Info. Network, Inc., 50 AD3d 993, 994 [2008]). Accordingly, upon reargument, the Supreme Court should have denied that branch of the defendants’ motion which was pursu[*560] ant to CPLR 3211 (a) (7) to dismiss the first cause of action alleging defamation insofar as asserted against Lopez.

Upon reargument, the Supreme Court also should have denied those branches of the defendants’ motion which were pursuant to CPLR 3211 (a) (7) to dismiss the fourth cause of action alleging civil conspiracy to commit defamation insofar as asserted against Lopez and the defendants Jaclyn Irma Yeh and Victoria Rahn. In order to properly plead a cause of action to recover damages for civil conspiracy, the plaintiff must allege a cognizable tort, coupled with an agreement between the conspirators regarding the tort, and an overt action in furtherance of the agreement (see 1766-68 Assoc., LP v City of New York, 91 AD3d 519, 520 [2012]). The complaint sufficiently alleges these'elements insofar as asserted against Lopez, Yeh, and Rahn. However, since the complaint does not allege any overt action on the part of the defendant Vicinniya Williams in furtherance of the agreement, the Supreme Court properly, upon reargument, adhered to its prior determination granting that branch of the defendants’ motion which was pursuant to CPLR 3211 (a) (7) to dismiss the fourth cause of action insofar as asserted against Williams.

The parties’ remaining contentions are without merit. Rivera, J.P, Eng, Lott and Cohen, JJ., concur.