Vaynman v 3 Kings Point Realty, LLC

Holding The Appellate Division dismissed the appeal regarding the denial of reargument but modified the lower court’s order to grant the plaintiffs’ motion to dismiss the defendants’ second, third, and fifth counterclaims. The court found that the counterclaims for defamation, tortious interference, and common-law indemnification failed to meet the required pleading standards for specificity and factual allegations.

The court’s words

no appeal lies from an order denying reargument

2026 NY Slip Op 05210, at the official text

the court must accept the facts as alleged in the complaint as true

2026 NY Slip Op 05210, at the official text

commencing a civil action by summons and complaint is not process capable of being abused

2026 NY Slip Op 05210, at the official text

the particular words complained of shall be set forth in the complaint

2026 NY Slip Op 05210, at the official text

bare legal conclusions are not presumed to be true and are not accorded every favorable inference

2026 NY Slip Op 05210, at the official text

an essential element of a cause of action sounding in common-law indemnification

2026 NY Slip Op 05210, at the official text