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Strategic Motion to Dismiss Reduces Complaint from 15 Causes of Action to Solely Breach of Contract, Greatly Reducing the Scope of Claims and Expense to Defend


B&B was retained to defend a corporate defendant which had been accused of breaching a  contract  and violating certain industry licensing requirements.  The Plaintiff filed a blunderbuss Complaint, containing literally 15 distinct causes of action; in addition to the expected breach of contract claim, the Plaintiff also included claims sounding fraud, unjust enrichment, conversion, piercing the corporate veil, an accounting, negligence, General Business Law § 349, claims for counsel, fees, punitive damages, etc.  


Rather than answer, B&B determined it was best to file a motion to dismiss all claims except the breach of contract claim, with the hope that the scope of viable claims, and the discovery ancillary to the same, would be greatly narrowed.


After briefing the motion, the Supreme Court Justice agreed with each and every one of our arguments contained in the motion to dismiss and, aside from the breach of contract claim, dismissed every other claim contained in the 15 cause of action Complaint.  This was a huge achievement at the pleading stage and served to eliminate not only monumental discovery on the addition claims, but also served to eliminate, on a pre-discovery basis, the Plaintiff’s claim to impose personal liability upon the shareholders, liability for counsel fees, punitive damages, etc.




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