From Casetext: Smarter Legal Research

Arcidiacono v. Maizes Maizes

Appellate Division of the Supreme Court of New York, First Department
Jun 15, 2004
8 A.D.3d 119 (N.Y. App. Div. 2004)

Opinion

3910.

Decided June 15, 2004.

Order, Supreme Court, Bronx County (Norma Ruiz, J.), entered March 25, 2003, which, inter alia, granted defendants' motion to dismiss the action for failure to state a cause of action, unanimously affirmed, without costs.

Thomas Arcidiacono, appellant pro se, and for John Arcidiacono and Joseph Mascia, appellants.

Anzalone Leschins, Bronx (Vincent Anzalone of counsel), for respondents.

Before: Tom, J.P., Saxe, Ellerin, Marlow, Catterson, JJ.


Plaintiffs' claims for breach of contract, breach of duty, malpractice and negligence were properly dismissed by reason of their failure to allege any basis for an award of damages ( see Gordon v. De Laurentiis Corp., 141 A.D.2d 435, 436; IGEN, Inc. v. White, 250 A.D.2d 463, lv denied 92 N.Y.2d 818), or to plead facts from which damages attributable to defendants' conduct might be reasonably inferred ( cf. Tenzer, Greenblatt, Fallon Kaplan v. Ellenberg, 199 A.D.2d 45).

We have considered plaintiffs' remaining contentions and find them unavailing.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.


Summaries of

Arcidiacono v. Maizes Maizes

Appellate Division of the Supreme Court of New York, First Department
Jun 15, 2004
8 A.D.3d 119 (N.Y. App. Div. 2004)
Case details for

Arcidiacono v. Maizes Maizes

Case Details

Full title:THOMAS ARCIDIACONO, ET AL., Plaintiffs-Appellants, v. MAIZES MAIZES, LLP…

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

Date published: Jun 15, 2004

Citations

8 A.D.3d 119 (N.Y. App. Div. 2004)
778 N.Y.S.2d 270

Citing Cases

Wilmington Tr. Co. v. Metro. Life Ins.

A breach of contract claim must be dismissed where a plaintiff has failed to allege damages flowing from the…

Verrino Constr. Servs. Corf v. AMG-NYC LLC

In order to sustain a cause of action for breach of contract, a complaint must plead allegations of fact…