Practice point: To survive a pre-answer motion to dismiss pursuant to CPLR 3211(a)(7), plaintiff must plead allegations from which damages attributable to defendant's conduct may reasonably be inferred.
Practitioners should note that, at this early stage of the proceeding, plaintiff is not obliged to show that damages actually were sustained.
Case: Fielding v. Kupferman, NY Slip Op 06151 (1st Dept. 2009)
The opinion is here.
Tomorrow’s issue: Trusts and Estates.
