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Zellner v. Odyl, LLC
Citations: 117 A.D.3d 1040; 986 N.Y.S.2d 592
Court: Appellate Division of the Supreme Court of the State of New York; May 28, 2014; New York; State Appellate Court
In the case regarding damages for breach of contract and violations of Labor Law sections 191 and 215, the defendant appealed a January 13, 2013 order from the Supreme Court, Kings County, which denied its motion to dismiss the complaint under CPLR 3211 (a)(1) and (7). The appellate court affirmed the lower court's order, emphasizing that the dismissal motion's sole criterion is whether the complaint states a cognizable cause of action based on its factual allegations. The court must interpret the complaint liberally and accept all allegations as true. The appellate court noted that a motion to dismiss under CPLR 3211 (a)(1) can only be granted if the defendant's documentary evidence completely refutes the allegations and establishes a legal defense. The court found the allegations in the complaint sufficiently stated causes of action for breach of contract and Labor Law violations. The email messages provided by the defendant were determined not to qualify as "documentary evidence" under CPLR 3211 (a)(1) and, even if they were, they did not refute the plaintiff's allegations or provide a conclusive legal defense. The ruling concluded with the concurrence of Justices Rivera, Lott, Miller, and Duffy.