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GLADLIZ, INC. v. CASTIRON CT.

177 Misc.2d 392 (1998)

677 N.Y.S.2d 662

Gladliz, Inc., Plaintiff, v. Castiron Court Corp. et al., Defendants.

Supreme Court, New York County.

May 19, 1998

Attorney(s) appearing for the Case

Dolgenos Newman & Cronin, L. L. P., New York City, for defendants. Leavey Fingerit Vogel & Oziel, L. L. P., New York City, for plaintiff.

EDWARD H. LEHNER, J.

Defendants move for an order (a) dismissing the complaint dated July 15, 1997 (the Complaint) of Gladliz, Inc. (Gladliz) pursuant to CPLR 3211 (a) (1) and (7) and 3016 (b) on the grounds that (i) Gladliz waived its right to seek damages (as opposed to specific performance or declaratory judgment), (ii) the Complaint fails to state a cause of action, (iii) the Complaint fails to plead fraud...

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