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NEW DIMENSION SOLUTIONS, INC. v. SPEARHEAD SYSTEM CONSULTANTS (US), LTD.

28 A.D.3d 260 (2006)

814 N.Y.S.2d 96

NEW DIMENSION SOLUTIONS, INC., Respondent-Appellant, and CHRIS FLYNN, Appellant, v. SPEARHEAD SYSTEM CONSULTANTS (US), LTD., Appellant-Respondent, and ELIZABETH VERMEULEN, Respondent, et al., Defendant.

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

April 11, 2006.

The complaint is too vague and confusing to have apprised defendant Spearhead sufficiently of the occurrences plaintiff New Dimension Solutions (NDS) intended to prove and the material elements of each cause of action (CPLR 3013). It is unclear whether NDS is basing its claim on breach of contract or on a diversion of funds by tortious interference with its rights in the assigned accounts. Additionally, it cannot be ascertained whether the funds Spearhead allegedly diverted...

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