KIM v. FRANCIS

11594. 650481/18.

184 A.D.3d 413 (2020)

125 N.Y.S.3d 411

2020 NY Slip Op 03181

Paul Kim, Appellant-Respondent, v. Jonathan Francis, Also Known as Jonathon Francis San Pedro, et al., Respondents-Appellants, and BDG Media, Inc., Doing Business as Bustle Digital Group, Respondent, et al., Defendants.

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

Decided June 4, 2020.


The complaint was properly dismissed as against defendant BDG Media Inc. (BDG) under CPLR 3211(a)(7), as the allegations against it failed to state any cognizable cause of action.

The motion court properly declined to dismiss the breach of contract claim against the individual defendants. Contrary to defendants' contentions, neither the statute of limitations under CPLR 213(2) nor laches bars the contract claim, as a matter of law since the complaint alleged that...

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