Appellate Division, Second Department · September 30, 2026 · 2026 NY Slip Op 05522
Infante v Manolarakis
Read the official decision: 2026 NY Slip Op 05522
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Holding The Appellate Division affirmed the lower court’s denial of the plaintiff’s motion to dismiss the defendant’s fraud counterclaim. The court determined that the counterclaim stated a cognizable cause of action and satisfied the detailed pleading requirements of CPLR 3016(b).
The court’s words
the court must accept as true the facts as alleged in the [pleading] and submissions in opposition to the motion
2026 NY Slip Op 05522, at the official text
the counterclaim set forth a cognizable cause of action alleging fraud and stated in sufficient detail the facts constituting the wrong
2026 NY Slip Op 05522, at the official text
the Supreme Court properly denied the plaintiff's motion pursuant to CPLR 3211(a)(7) to dismiss the defendant's counterclaim
2026 NY Slip Op 05522, at the official text
| Court | Appellate Division, Second Department |
|---|---|
| Decided | September 30, 2026 |
| Citation | 2026 NY Slip Op 05522 |
| Area of law | Civil Procedure |
| Week | Week ending October 3, 2026 |
| Official text | Official decision: 2026 NY Slip Op 05522 |
| Publication status | Slip opinions are uncorrected and subject to revision before publication in the Official Reports. |
| Source feed | New York slip opinion page |
| Law Watch record id | 697 |
Recommended citation
ESQ HQ, New York Law Watch, Infante v Manolarakis, 2026 NY Slip Op 05522 (Appellate Division, Second Department, September 30, 2026), https://esqhq.com/decisions/2026-ny-slip-op-05522/
How this record was made
Holding drafted by Law Watch’s in-house model, graded by three reviewers; every quotation verified word for word against the official text.
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