IIG CAPITAL LLC v. ARCHIPELAGO, L.L.C.


36 A.D.3d 401 (2007)

829 N.Y.S.2d 10

IIG CAPITAL LLC, Appellant-Respondent, v. ARCHIPELAGO, L.L.C., et al., Respondents-Appellants.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided January 4, 2007.


In this action by a factor to collect on accounts receivable, the account debtors' motion to dismiss the causes of action for breach of contract and account stated was properly denied. Where the parties submit extrinsic evidence in connection with a CPLR 3211 (a) (7) motion to dismiss the complaint and the court declines to treat the motion as one for summary judgment under CPLR 3211 (c), the appropriate standard of review "`is...

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