Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Lehm Holdings, LLC v. Certified Construction Corp.

Supreme Court, New York County

August 22, 2013

LEHM HOLDINGS, LLC, Plaintiff,
v.
CERTIFIED CONSTRUCTION CORP., JOHN GRADY, JOE GRADY, BELMONT FREEMAN, AKF ENGINEERS LLP, and ROSS DALLAND, P.E., Defendants. Index No. 653556/2012

Unpublished Opinion

EILEEN A. RAKOWER Justice

The following papers, numbered 1 to_ were read on this motion for/to

PAPERS NUMBERED

Notice of Motion/ Order to Show Cause — Affidavits — Exhibits ... 1. 2, 3

Answer — Affidavits — Exhibits__ 4

Replying Affidavits__ 5

In this action, Plaintiff Lehm Holdings, LLC ("Plaintiff or "Lehm") asserts claims against defendants involved in the restoration and conversion of a building located at 7 West 54th Street, New York, New York ("the Project"). As against defendant AKF Engineers LLP ("AKF"), Lehm asserts three causes of action: breach of the Consulting Agreement between defendant Belmont Freeman and AKF as intended third party beneficiary (second cause of action), unjust enrichment (fourth cause of action), and malpractice and gross negligence (ninth cause of action).

AKF now moves for an Order, pursuant to CPLR §§3211(a)(1) and (7), to dismiss Plaintiffs Amended Complaint as against AKF. Plaintiff opposes.

CPLR §3211 provides, in relevant part:
(a) a party may move for judgment dismissing one or more causes of action asserted against him on the ground that:
(1) a defense is founded upon documentary evidence; or
(7) the pleading fails to state a cause of action.

In determining whether dismissal is warranted for failure to state a cause of action, the court must "accept the facts alleged as true ... and determine simply whether the facts alleged fit within any cognizable legal theory." (People ex rel. Spitzer v. Sturm, Ruger & Co., Inc., 309 A.D.2d 91 [ 1st Dept. ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.