complaint sufficiently claim (New York) · Go Syfert
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complaint sufficiently claim in New York

9 New York opinions name it 2 courts 1999–2026 4 in the last five years

The cases below were cited by New York courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (10)

CaseFollowedCited
Leon Petroleum, LLC v. Carl S. Levine & Associates, P.C.green
nyappdiv · 2014 · cited in 2 New York opinions naming this issue, 2024–2024
2 sentences

2024Defendant fails to offer a reasonable explanation as to how changing a word in the release entered into between his client and her former employer, which substantially changed the meaning of the contractual provisions , or suborning his client's perjury in the related Federal discrimination action, constitute reasonable strategic choices ( cf. Leon Petroleum, LLC v Carl S. Levine & Assoc., P.C. , 122 AD3d 686, 687 [2d Dept 2014]).

2024Defendant fails to offer a reasonable explanation as to how changing a word in the release entered into between his client and her former employer, which substantially changed the meaning of the contractual provisions , or suborning his client's perjury in the related Federal discrimination action, constitute reasonable strategic choices ( cf. Leon Petroleum, LLC v Carl S. Levine & Assoc., P.C. , 122 AD3d 686, 687 [2d Dept 2014]).

22
Saratoga Schenectady Gastroenterology Associates, P.C. v. Bette & Cring, LLCgreen
nyappdiv · 2011 · cited in 2 New York opinions naming this issue, 2014–2014
2 sentences

2014We agree with the court that this aspect of the complaint sufficiently states a claim for breach of contract by alleging that the trust was an intended third-party beneficiary of a contract between Belgraier and HWG, by which Belgraier was to provide services for the benefit of the trust and. its members, and that — knowing that her services were intended for the trust’s benefit—Belgraier breached the contract (see Saratoga Schenectady Gastroenterology Assoc., P.C. v Bette & Cring, LLC, 83 AD3d 1256, 1257-1258 [2011]; compare IMS Engrs.-Architects, P.C. v State of New York, 51 AD3d 1355, 1357

2014We agree with the court that this aspect of the complaint sufficiently states a claim for breach of contract by alleging that the trust was an intended third-party beneficiary of a contract between Belgraier and HWG, by which Belgraier was to provide services for the benefit of the trust and. its members, and that — knowing that her services were intended for the trust’s benefit—Belgraier breached the contract (see Saratoga Schenectady Gastroenterology Assoc., P.C. v Bette & Cring, LLC, 83 AD3d 1256, 1257-1258 [2011]; compare IMS Engrs.-Architects, P.C. v State of New York, 51 AD3d 1355, 1357

22
MATTER OF FRANK v. Stevensgreen
ny · 2008 · cited in 2 New York opinions naming this issue, 2014–2014
2 sentences

2014We agree with the court that this aspect of the complaint sufficiently states a claim for breach of contract by alleging that the trust was an intended third-party beneficiary of a contract between Belgraier and HWG, by which Belgraier was to provide services for the benefit of the trust and. its members, and that — knowing that her services were intended for the trust’s benefit—Belgraier breached the contract (see Saratoga Schenectady Gastroenterology Assoc., P.C. v Bette & Cring, LLC, 83 AD3d 1256, 1257-1258 [2011]; compare IMS Engrs.-Architects, P.C. v State of New York, 51 AD3d 1355, 1357

2014We agree with the court that this aspect of the complaint sufficiently states a claim for breach of contract by alleging that the trust was an intended third-party beneficiary of a contract between Belgraier and HWG, by which Belgraier was to provide services for the benefit of the trust and. its members, and that — knowing that her services were intended for the trust’s benefit—Belgraier breached the contract (see Saratoga Schenectady Gastroenterology Assoc., P.C. v Bette & Cring, LLC, 83 AD3d 1256, 1257-1258 [2011]; compare IMS Engrs.-Architects, P.C. v State of New York, 51 AD3d 1355, 1357

22
IMS Engineers-Architects, P.C. v. Stategreen
nyappdiv · 2008 · cited in 2 New York opinions naming this issue, 2014–2014
2 sentences

2014We agree with the court that this aspect of the complaint sufficiently states a claim for breach of contract by alleging that the trust was an intended third-party beneficiary of a contract between Belgraier and HWG, by which Belgraier was to provide services for the benefit of the trust and. its members, and that — knowing that her services were intended for the trust’s benefit—Belgraier breached the contract (see Saratoga Schenectady Gastroenterology Assoc., P.C. v Bette & Cring, LLC, 83 AD3d 1256, 1257-1258 [2011]; compare IMS Engrs.-Architects, P.C. v State of New York, 51 AD3d 1355, 1357

2014We agree with the court that this aspect of the complaint sufficiently states a claim for breach of contract by alleging that the trust was an intended third-party beneficiary of a contract between Belgraier and HWG, by which Belgraier was to provide services for the benefit of the trust and. its members, and that — knowing that her services were intended for the trust’s benefit—Belgraier breached the contract (see Saratoga Schenectady Gastroenterology Assoc., P.C. v Bette & Cring, LLC, 83 AD3d 1256, 1257-1258 [2011]; compare IMS Engrs.-Architects, P.C. v State of New York, 51 AD3d 1355, 1357

22
Harris v. Seward Park Housing Corp.green
nyappdiv · 2010 · cited in 1 New York opinions naming this issue, 2026–2026
1 sentence

2026Corp. , 79 AD3d 425, 426 [1st Dept 2010]).

11
Cobble Hill Nursing Home, Inc. v. Henry & Warren Corp.green
ny · 1989 · cited in 1 New York opinions naming this issue, 2019–2019
1 sentence

2019The complaint sufficiently states a claim for breach of contract as it asserts all material and essential terms of the contract ( see Cobble Hill Nursing Home v Henry & Warren Corp. , 74 NY2d 475, 482 [1989]).

11
People v. Williamsgreen
nyappdiv · 2010 · cited in 1 New York opinions naming this issue, 2016–2016
1 sentence

2016School Dist., 69 AD3d 769, 771 [2d Dept 2010]; Fleet Bank v Pine Knoll Corp., 290 AD2d 792, 797 [3d Dept 2002]; Chemical Bank v City of Jamestown, 122 AD2d 530, 531 [4th Dept 1986], lv denied 68 NY2d 608 [1986]).

11
MatlinPatterson ATA Holdings LLC v. Federal Express Corp.green
nyappdiv · 2011 · cited in 1 New York opinions naming this issue, 2016–2016
1 sentence

2016Although the breach of contract causes of action cannot stand, the complaint sufficiently states a claim under the doctrine of promissory estoppel. 5 The elements of a promissory estoppel claim are: (i) a sufficiently clear and unambiguous promise; (ii) reasonable reliance on the promise; and (iii) injury caused by the reliance (see MatlinPatterson ATA Holdings LLC v Federal Express Corp., 87 AD3d 836, 841-842 [1st Dept 2011], lv denied 21 NY3d 853 [2013]; Agress v Clarkstown Cent.

11
Chemical Bank v. City of Jamestowngreen
nyappdiv · 1986 · cited in 1 New York opinions naming this issue, 2016–2016
1 sentence

2016School Dist., 69 AD3d 769, 771 [2d Dept 2010]; Fleet Bank v Pine Knoll Corp., 290 AD2d 792, 797 [3d Dept 2002]; Chemical Bank v City of Jamestown, 122 AD2d 530, 531 [4th Dept 1986], lv denied 68 NY2d 608 [1986]).

11
Fleet Bank v. Pine Knoll Corp.green
nyappdiv · 2002 · cited in 1 New York opinions naming this issue, 2016–2016
1 sentence

2016School Dist., 69 AD3d 769, 771 [2d Dept 2010]; Fleet Bank v Pine Knoll Corp., 290 AD2d 792, 797 [3d Dept 2002]; Chemical Bank v City of Jamestown, 122 AD2d 530, 531 [4th Dept 1986], lv denied 68 NY2d 608 [1986]).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in New York. Read the followed side critically anyway.

Also cited on this issue (4)

CaseCitedYears
Delaware County v. Leatherstocking Healthcare green
nyappdiv · 2013
2 sentences

2014This aspect of the cause of action is not, as Belgraier contends, a disguised professional malpractice claim and, as it alleges that Belgraier was paid for her services through 2006, is not time-barred (see CPLR 213 [2]; Delaware County v Leatherstocking Healthcare, LLC, 110 AD3d at 1213 ).

2014This aspect of the cause of action is not, as Belgraier contends, a disguised professional malpractice claim and, as it alleges that Belgraier was paid for her services through 2006, is not time-barred (see CPLR 213 [2]; Delaware County v Leatherstocking Healthcare, LLC, 110 AD3d at 1213 ).

22014–2014
Tahari v. Narkis green
nyappdiv · 2023
1 sentence

2025The complaint sufficiently states a claim of promissory estoppel. ( Castellotti v Free , 138 AD3d 198 ; Paramax Corp. v VoIP Supply, LLC , 175 AD3d 939 ; University Veterinary Specialists, LLC v Four Dimensional Digital Imaging LLC , 68 Misc 3d 1204[A] , 2020 NY Slip Op 50861[U] ; Tahari v Narkis , 216 AD3d 557 .) Olshan Frome Wolosky LLP , New York City ( Kerrin T.

12025–2025
Castellotti v. Free green
nyappdiv · 2016
1 sentence

2025The complaint sufficiently states a claim of promissory estoppel. ( Castellotti v Free , 138 AD3d 198 ; Paramax Corp. v VoIP Supply, LLC , 175 AD3d 939 ; University Veterinary Specialists, LLC v Four Dimensional Digital Imaging LLC , 68 Misc 3d 1204[A] , 2020 NY Slip Op 50861[U] ; Tahari v Narkis , 216 AD3d 557 .) Olshan Frome Wolosky LLP , New York City ( Kerrin T.

12025–2025
Leon v. Martinez green
ny · 1994
1 sentence

1999Accepting that and the other allegations of breach as true, and affording them every possible favorable inference, as we must on a motion to dismiss pursuant to CPLR 3211 (see, Leon v Martinez, 84 NY2d 83, 87-88 ), the complaint sufficiently states a claim for breach of contract.

11999–1999

Statutes the citing opinions construe

NY § N.Y. General Obligations Law § 5-701 (4)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

NC 21 (1993–2026) NY 9 (1999–2026) CO 3 (1988–2001) PA 2 (2004–2005) IL 2 (1989–2009) GA 2 (2013–2020) CA 2 (2013–2020)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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