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DAVIS v. PORT

Index No. 654027/13. Appeal No. 13585. Case No. 2020-3687.

193 A.D.3d 500 (2021)

141 N.Y.S.3d 853

2021 NY Slip Op 02241

Paul Davis, in His Individual Capacity and as an Assignee of Claims of Scottish RE Group Limited, Appellant, v. Larry Port et al., Respondents, et al., Defendant.

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

Decided April 13, 2021.

Attorney(s) appearing for the Case

Boies Schiller Flexner LLP, New York ( Eric Brenner of counsel), for appellant.

Mayer Brown LLP, New York ( Jean-Marie L. Atamian of counsel), for Larry Port, respondent.

Schulte Roth & Zabel LLP, New York ( Andrew D. Gladstein of counsel), for Cerberus Capital Management, L.P., respondent.

Concur—Manzanet-Daniels, J.P., Mazzarelli, Oing, Kennedy, JJ.

The second cause of action against Port and the third, sixth, and seventh causes of action against Cerberus were properly dismissed for failure to state a claim. While plaintiff's allegations, as supplemented by its additional submissions, are to be accorded their most favorable intendment, the allegations here consist either of bare legal conclusions or, even when supplemented by the supporting documentation, remain too general and conclusory to state those claims (see...

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