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CSC HOLDINGS, LLC v. SAMSUNG ELECTRONICS AMERICA, INC.

Index No. 655424/18. Appeal No. 13409. Case No. 2020-04154.

192 A.D.3d 556 (2021)

2021 NY Slip Op 01717

CSC Holdings, LLC, Respondent, v. Samsung Electronics America, Inc., Appellant.

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

Decided March 23, 2021.

Attorney(s) appearing for the Case

Arnold & Porter Kaye Scholer LLP, New York ( James M. Catterson of counsel), for appellant.

Gibson, Dunn & Crutcher LLP, New York ( Richard W. Mark of counsel), for respondent.

Concur—Webber, J.P., Oing, Kennedy, Scarpulla, JJ.

Under CPLR 3211(a)(7), pleadings are to be afforded a liberal construction, allegations are taken as true, the plaintiff is afforded every possible favorable inference, and a determination is made only as to whether the facts as alleged fit within any cognizable legal theory (see Leon v Martinez, 84 N.Y.2d 83, 87-88 [1994]). Viewed through this prism, the complaint and attached documents state a cause of action for breach of contract...

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