Opinion
2015-05-13
FENG XIAOWEN, etc., et al., appellants, v. WANG DING HO, respondent.
Sim & Record, LLP, Bayside, N.Y. (Sang J. Sim of counsel), for appellants. John M. Crane, P.C., Port Chester, N.Y., for respondent.
Sim & Record, LLP, Bayside, N.Y. (Sang J. Sim of counsel), for appellants. John M. Crane, P.C., Port Chester, N.Y., for respondent.
In an action, inter alia, to recover damages for breach of contract, the plaintiffs appeal from an order of the Supreme Court, Queens County (Weiss, J.), dated June 9, 2014, which granted the defendant's motion pursuant to CPLR 3211(a)(1) and (7) to dismiss the complaint.
ORDERED that the order is affirmed, with costs.
The Supreme Court properly granted that branch of the defendant's motion which was pursuant to CPLR 3211(a)(1) and (7) to dismiss the cause of action alleging breach of contract. The complaint does not allege that the defendant failed to perform any of the obligations that are set forth in the written agreement executed by the parties ( see Gelman v. Buehler, 20 N.Y.3d 534, 539, 964 N.Y.S.2d 80, 986 N.E.2d 914; Davy v. JP Morgan Chase & Co., 123 A.D.3d 870, 872, 1 N.Y.S.3d 145).
The Supreme Court also properly granted that branch of the defendant's motion which was pursuant to CPLR 3211(a)(7) to dismiss the cause of action alleging defamation. The alleged defamatory statements were nonactionable, as the statements were of pure opinion ( see Davis v. Boeheim, 24 N.Y.3d 262, 269–270, 998 N.Y.S.2d 131, 22 N.E.3d 999; Mann v. Abel, 10 N.Y.3d 271, 276–277, 856 N.Y.S.2d 31, 885 N.E.2d 884; Klepetko v. Reisman, 41 A.D.3d 551, 552, 839 N.Y.S.2d 101).
The plaintiffs' remaining contentions are without merit.