Barnes v. Hodge, 118 A.D.3d 633 (N.Y. App. Div. 2014). · Go Syfert
Barnes v. Hodge, 118 A.D.3d 633 (N.Y. App. Div. 2014). Cases Citing This Book View Copy Cite
33 citation events (33 in the last 25 years) across 3 distinct courts.
Strongest positive: A.S. v. S.J. (nysupctnewyork, 2026-03-02)
Treatment trajectory · 2015 → 2026 · click a year to view as-of
2015 2020 2026
Top citers, strongest first. 23 distinct citers. How cited ↗
discussed Cited as authority (rule) A.S. v. S.J.
N.Y. Sup. Ct., New York Cty. · 2026 · confidence medium
While pleadings are to be afforded a liberal construction (CPLR § 3026), bare legal conclusions and factual claims flatly contradicted by the record are not entitled to such deference (Sassi, 37 NY3d at 239; Barnes v Hodge, 118 AD3d 633,633 [1st Dept 2014]).
discussed Cited as authority (rule) Lewis v. Fly-E Group, Inc.
N.Y. Sup. Ct., New York Cty. · 2025 · confidence medium
However, conclusory allegations or claims consisting of bare legal conclusions with no factual specificity are insufficient to survive a motion to dismiss (Godfrey v Spano, 13 NY3d 358, 373 [2009] Barnes v Hodge, 118 AD3d 633, 633-634 [1st Dept 2014]).
discussed Cited as authority (rule) Stone v. Dim Sum Palace, Inc.
N.Y. Sup. Ct., New York Cty. · 2025 · confidence medium
However, conclusory allegations or claims consisting of bare legal conclusions with no factual specificity are insufficient to survive a motion to dismiss (Godfrey v Spano, 13 NY3d 358,373 [2009] Barnes v Hodge, 118 AD3d 633, 633-634 [1st Dept 2014]).
discussed Cited as authority (rule) Cipriani USA, Inc. v. Heaton
N.Y. Sup. Ct., New York Cty. · 2025 · confidence medium
However, conclusory allegations or claims consisting of bare legal conclusions with no factual specificity are insufficient to survive a motion to dismiss (Godfrey v Spano, 13 NY3d 358,373 [2009] Barnes v Hodge, 118 AD3d 633, 633-634 [1st Dept 2014]).
discussed Cited as authority (rule) Huaman v. United Airlines, Inc.
N.Y. Sup. Ct., New York Cty. · 2025 · confidence medium
NO. 59 RECEIVED NYSCEF: 04/21/2025 allegations or claims consisting of bare legal conclusions with no factual specificity are insufficient to survive a motion to dismiss (Godfrey v Spano, 13 NY3d 358, 373 [2009] Barnes v Hodge, 118 AD3d 633, 633-634 [1st Dept 2014]).
discussed Cited as authority (rule) Watt v. BP Prods. N. Am. Inc.
N.Y. Sup. Ct., New York Cty. · 2025 · confidence medium
Conclusory allegations or claims consisting of bare legal conclusions with no factual specificity are insufficient to survive a motion to dismiss (Godfrey v Spano, 13 NY3d 358, 373 [2009]; Barnes v Hodge, 118 AD3d 633, 633-634 [1st Dept 2014]).
cited Cited as authority (rule) Perez v. CMH BBQ Holdings, LLC
N.Y. Sup. Ct., New York Cty. · 2025 · confidence medium
NO. 29 RECEIVED NYSCEF: 04/09/2025 [2009]; Barnes v Hodge, 118 AD3d 633, 633-634 [1st Dept 2014]).
discussed Cited as authority (rule) Zunzurovski v. Fisher
N.Y. Sup. Ct., New York Cty. · 2025 · confidence medium
Conclusory allegations or claims consisting of bare legal conclusions with no factual specificity are insufficient to survive a motion to dismiss (Godfrey v Spano, 13 NY3d 358, 373 [2009]; Barnes v Hodge, 118 AD3d 633, 633-634 [1st Dept 2014]).
discussed Cited as authority (rule) Lewis v. Museum of Arts & Design
N.Y. Sup. Ct., New York Cty. · 2025 · confidence medium
Conclusory allegations or claims consisting of bare legal conclusions with no factual specificity are insufficient to survive a motion to dismiss (Godfrey v Spano, 13 NY3d 358, 373 [2009]; Barnes v Hodge, 118 AD3d 633, 633-634 [1st Dept 2014]).
discussed Cited as authority (rule) Esposito v. State of N.Y. Unified Ct. Sys.
N.Y. Sup. Ct., New York Cty. · 2025 · confidence medium
Moreover, conclusory allegations or claims consisting of bare legal conclusions with no factual specificity are insufficient to survive a motion to dismiss (Godfrey v Spano, 13 NY3d 358, 373 [2009]; Barnes v Hodge, 118 AD3d 633, 633-634 [1st Dept 2014]).
discussed Cited as authority (rule) Judah v. Behm
N.Y. Sup. Ct., New York Cty. · 2025 · confidence medium
Conclusory allegations or claims consisting of bare legal conclusions with no factual specificity are insufficient to survive a motion to dismiss (Godfrey v Spano, 13 NY3d 358, 373 [2009]; Barnes v Hodge, 118 AD3d 633, 633-634 [1st Dept 2014]).
discussed Cited as authority (rule) Hecht v. 89th St. Owners Corp.
N.Y. Sup. Ct., New York Cty. · 2024 · confidence medium
(Leon v Martinez, 84 NY2d 83, 87 [1994]; JF Capital Advisors, LLC v Lightstone Group, LLC, 25 NY3d 759, 764 [2015].) Nonetheless, conclusory allegations-claims consisting of bare legal conclusions with no factual specificity-are insufficient to survive a motion to dismiss.' (See Godfrey v Spano, 13 NY3d 358, 373 [2009]; Barnes v Hodge, 118 AD3d 633, 633-634 [1st Dept 2014].) A court's inquiry is limited to assessing the legal sufficiency of the plaintiffs pleadings; accordingly, its only function is to determine whether, from facts alleged and inferences drawn therefrom, plaintiff has stated t…
discussed Cited as authority (rule) Hereford Ins. Co. v. 21 Century Chiropractic Care
N.Y. Sup. Ct., New York Cty. · 2024 · confidence medium
Conclusory allegations or claims consisting of bare legal conclusions with no factual specificity are insufficient to survive a motion to dismiss (Godfreyv Spano, 13 NY3d 358,373 [2009]; Barnes v Hodge, 118 AD3d 633, 633-634 [1st Dept 2014]).
discussed Cited as authority (rule) Leos v. Ainvest Fin., Inc.
N.Y. Sup. Ct., New York Cty. · 2024 · confidence medium
Conclusory allegations or claims consisting of bare legal conclusions with no factual specificity are insufficient to survive a motion to dismiss (Godfrey v Spano, 13 NY3d 358, 373 [2009]; Barnes v Hodge, 118 AD3d 633, 633-634 [1st Dept 2014]).
discussed Cited as authority (rule) Xiuwen Qi v. Hang & Assoc., PLLC
N.Y. Sup. Ct., New York Cty. · 2024 · confidence medium
Conclusory allegations or claims consisting of bare legal conclusions with no factual specificity are insufficient to survive a motion to dismiss (Godfrey v Spano, 13 NY3d 358, 373 [2009]; Barnes v Hodge, 118 AD3d 633, 633-634 [1st Dept 2014]).
discussed Cited as authority (rule) Karter v. Longevity Health Servs. LLC
N.Y. Sup. Ct., New York Cty. · 2024 · confidence medium
Conclusory allegations or claims consisting of bare legal conclusions with no factual specificity are insufficient to survive a motion to dismiss (Godfrey v Spano, 13 NY3d 358, 373 [2009]; Barnes v Hodge, 118 AD3d 633, 633-634 [1st Dept 2014]).
discussed Cited as authority (rule) Great N. Ins. Co. v. Curtis Elec., Inc.
N.Y. Sup. Ct., New York Cty. · 2024 · confidence medium
Conclusory allegations or claim's consisting of bare legal conclusions with no factual specificity are insufficient to survive a motion to dismiss (Godfrey v Spano, 13 NY3d 358, 373 [2009]; Barnes v Hodge, 118 AD3d 633, 633-634 [1st Dept 2014]).
discussed Cited as authority (rule) Rodriguez v. Bitchin' Inc.
N.Y. Sup. Ct., New York Cty. · 2024 · confidence medium
(Leon v Martinez, 84 NY2d 83, 87 [1994]; JF Capital Advisors, LLC v Lightstone Group, LLC, 25 NY3d 759, 764 [2015].) Nonetheless, conclusory allegations—claims consisting of bare legal conclusions with no factual specificity—are insufficient to survive a motion to dismiss.’ (See Godfrey v Spano, 13 NY3d 358, 373 [2009]; Barnes v Hodge, 118 AD3d 633, 633-634 [1st Dept 2014].) A court’s inquiry is limited to assessing the legal sufficiency of the plaintiff’s pleadings; accordingly, its only function is to determine whether, from facts alleged and inferences drawn therefrom, plaintiff h…
discussed Cited as authority (rule) Lek v. Lek
N.Y. Sup. Ct., New York Cty. · 2024 · confidence medium
(Leon v Martinez, 84 NY2d 83, 87 [1994]; JF Capital Advisors, LLC v Lightstone Group, LLC, 25 NY3d 759, 764 [2015].) Nonetheless, conclusory allegations-claims consisting of bare legal conclusions with no factual specificity-are insufficient to survive a motion to dismiss.' (See Godfrey v Spano, 13 NY3d 358, 373 [2009]; Barnes v Hodge, 118 AD3d 633, 633-634 [1st Dept 2014].) A court's inquiry is limited to assessing the legal sufficiency of the plaintiff's pleadings; accordingly, its only function is to determine whether, from facts alleged and inferences drawn therefrom, plaintiff has stated …
discussed Cited as authority (rule) Lek v. LeK
N.Y. Sup. Ct., New York Cty. · 2024 · confidence medium
(Leon v Martinez, 84 NY2d 83, 87 [1994]; JF Capital Advisors, LLC v Lightstone Group, LLC, 25 NY3d 759, 764 [2015].) Nonetheless, conclusory allegations-claims consisting of bare legal conclusions with no factual specificity-are insufficient to survive a motion to dismiss.' (See Godfrey v Spano, 13 NY3d 358, 373 [2009]; Barnes v Hodge, 118 AD3d 633, 633-634 [1st Dept 2014].) A court's inquiry is limited to assessing the legal sufficiency of the plaintiff's pleadings; accordingly, its only function is to determine whether, from facts alleged and inferences drawn therefrom, plaintiff has stated …
cited Cited as authority (rule) Aykac v. City of New York
N.Y. App. Div. · 2023 · confidence medium
The remaining allegations are simply insufficient to support any of his tort claims ( see Barnes v Hodge , 118 AD3d 633, 633 [1st Dept 2014]).
cited Cited as authority (rule) Aykac v. City of New York
N.Y. App. Div. · 2023 · confidence medium
The remaining allegations are simply insufficient to support any of his tort claims ( see Barnes v Hodge , 118 AD3d 633, 633 [1st Dept 2014]).
discussed Cited "see" Rodriguez v. Jacoby & Meyers, LLP (2×)
N.Y. App. Div. · 2015 · signal: accord · confidence high
That said, the “favorable treatment” accorded to a plaintiffs complaint is not “limitless” (Tenney v Hodgson Russ, LLP, 97 AD3d 1089, 1090 [2012]) and, as such, “conclusory allegations — claims consisting of bare legal conclusions with no factual specificity — are insufficient to survive a motion to dismiss” (Godfrey v Spano, 13 NY3d 358, 373 [2009]; accord Barnes v Hodge, 118 AD3d 633, 633 [2014]; see Wiggins & Kopko, LLP v Masson, 116 AD3d 1130, 1131-1132 [2014]).
Retrieving the full opinion text from the archive…
Stephanie Barnes
v.
Wayne F. Hodge, and United Parcel Service, Inc.
Appellate Division of the Supreme Court of the State of New York.
Jun 26, 2014.
118 A.D.3d 633
Acosta, Andrias, Clark, Mazzarelli, Saxe.
Cited by 27 opinions  |  Published

Order, Supreme Court, New York County (George J. Silver, J.), entered March 6, 2013, which, insofar as appealed from, denied the motion of defendant United Parcel Service, Inc. (UPS) to dismiss plaintiff’s claim for punitive damages, unanimously reversed, on the law, without costs, and the motion granted.

Plaintiff pedestrian alleges that she was struck by a vehicle owned by UPS, and operated by its driver, defendant Hodge, while she was in an crosswalk. At issue is plaintiffs demand for punitive damages.

To hold UPS vicariously liable for punitive damages, plaintiff must establish that UPS “authorized, participated in, consented to or ratified the conduct giving rise to such damages” (Melfi v Mount Sinai Hosp., 64 AD3d 26, 42 [1st Dept 2009]; Ostroy v Six Sq. LLC, 100 AD3d 493, 495 [1st Dept 2012]). We must consider whether the complaint contains the requisite allegations that “the wrongdoing is intentional or deliberate, presents circumstances of aggravation or outrage, evinces a fraudulent or evil motive, or is in such conscious disregard of the rights of another that it is deemed willful and wanton” (Bishop v 59 W. 12th St. Condominium, 66 AD3d 401, 402 [1st Dept 2009]; see also Giblin v Murphy, 73 NY2d 769, 772 [1988]).

“Although on a motion to dismiss plaintiffs’ allegations are presumed to be true and accorded every favorable inference, conclusory allegations—claims consisting of bare legal conclusions with no factual specificity—are insufficient to survive a motion to dismiss” (Godfrey v Spano, 13 NY3d 358, 373 [2009]). Here, the complaint alleges in conclusory and conjectural fashion that “defendants were grossly, willfully and wantonly negligent and acted with reckless indifference to the health and safety of plaintiff.” These legal conclusions are insufficient as the complaint does not allege any facts to demonstrate that[*634] UPS engaged in conduct which rose to the high level of moral culpability to support a claim for punitive damages (see Coville v Ryder Truck Rental, Inc., 30 AD3d 744, 745 [3d Dept 2006]). Plaintiff cannot maintain the punitive damages demand on the hope that discovery might someday provide a basis for it (see Mandarin Trading Ltd. v Wildenstein, 65 AD3d 448, 451 [1st Dept 2009], affd 16 NY3d 173 [2011]). However, should discovery reveal facts supporting a claim for punitive damages, plaintiff could of course move for leave to replead the demand (see 87 Chambers, LLC v 77 Reade, LLC, 114 AD3d 525 [1st Dept 2014]).

Concur—Mazzarelli, J.P., Acosta, Andrias, Saxe and Clark, JJ.