Gorelik v. Mount Sinai Hospital Center

Decision Date30 June 2005
Docket Number5658.
Citation2005 NY Slip Op 05516,19 A.D.3d 319,797 N.Y.S.2d 497
PartiesLYUBOV Y. GORELIK, Respondent, v. MOUNT SINAI HOSPITAL CENTER et al., Appellants.
CourtNew York Supreme Court — Appellate Division

It is settled that on a pre-answer motion to dismiss brought pursuant to CPLR 3211 (a) (7), the complaint must be liberally construed, the allegations therein taken as true, and all reasonable inferences must be resolved in plaintiff's favor (511 W. 232nd Owners Corp. v Jennifer Realty Co., 98 NY2d 144, 151-152 [2002]; Cron v Hargro Fabrics, 91 NY2d 362, 366 [1998]). Moreover, the motion must be denied if from the pleading's four corners "factual allegations are discerned which taken together manifest any cause of action cognizable at law" (Polonetsky v Better Homes Depot, 97 NY2d 46, 54 [2001], quoting Guggenheimer v Ginzburg, 43 NY2d 268, 275 [1977]).

In the matter before us, the complaint interposes one unspecified cause of action, which appears to assert that defendants breached plaintiff's contract of employment through sexual harassment and the improper imposition of discipline, including placing her on probation. Yet, in opposition to defendants' motion to dismiss, plaintiff conceded, and the motion court acknowledged, that there were no viable issues concerning plaintiff's sexual harassment claim or the decision to place her on probation. This concession destroys the underpinnings of her breach of contract claim, if one did, in fact, exist, and we are unable to discern any other viable, or timely, cause of action in the complaint.

Concur — Tom, J.P., Andrias, Saxe, Friedman and Nardelli, JJ.

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12 cases
  • Varga v. Mcgraw Hill Fin. Inc.
    • United States
    • New York Supreme Court
    • July 31, 2015
    ...'factual allegations are discerned which taken together manifest any cause of action cognizable at law." Gorelik v. Mount Sinai Hosp. Ctr., 19 A.D.3d 319 (1st Dep't 2005) (quoting Guggenheimer v. Ginzburg, 43 N.Y.2d 268, 275 (1977)). Vague and conclusory allegations are not sufficient to su......
  • Florentino v. Nokit Realty Corp.
    • United States
    • New York Supreme Court
    • May 27, 2010
    ...I, Inc. v. Goldman, Sachs & Co., 5 N.Y.3d 11, 19, 799 N.Y.S.2d 170, 832 N.E.2d 26 [2005]; see also Gorelik v. Mount Sinai Hosp. Ctr., 19 A.D.3d 319, 319, 797 N.Y.S.2d 497 [1st Dept. 2005] ). "The motion must be denied if from the pleadings' four corners factual allegations are discerned whi......
  • Aozora Bank, Ltd. v. Ubs AG, Ubs Ltd.
    • United States
    • New York Supreme Court
    • October 13, 2015
    ...'factual allegations are discerned which taken together manifest any cause of action cognizable at law.'" Gorelik v. Mount Sinai Hosp. Ctr., 19 A.D.3d 319 (1st Dep't 2005) (quoting Guggenheimer v. Ginzburg, 43 N.Y.2d 268, 275 (1977)). Vague and conclusory allegations are not sufficient to s......
  • Sand Canyon Corp. v. Homeward Residential, Inc.
    • United States
    • New York Supreme Court
    • July 25, 2012
    ...allegations are discerned which taken together manifest any cause of action cognizable at law.” Gorelik v. Mount Sinai Hosp. Ctr., 19 A.D.3d 319, 319, 797 N.Y.S.2d 497 (1st Dept 2005) (quoting Guggenheimer v. Ginzburg, 43 N.Y.2d 268, 275, 401 N.Y.S.2d 182, 372 N.E.2d 17 (1997)). The court m......
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