Bluestonelawfirm iconBluestonelawfirmSep 21, 2026 ~1 min source read

Duplicative and Late

Benyaminpour v Lipton 2026 NY Slip Op 05072 August 26, 2026 Appellate Division, Second Department is the kind of appellate decision where the outlying claims are trimmed and the central claim is wiped out. In sum and substance, the plaintiff has repeated those allegations in this action against the defendants.

Duplicative and Late

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Benyaminpour v Lipton 2026 NY Slip Op 05072 August 26, 2026 Appellate Division, Second Department is the kind of appellate decision where the outlying claims are trimmed and the central claim is wiped out.

In sum and substance, the plaintiff has repeated those allegations in this action against the defendants.

Following the commencement of this action, the defendants moved pursuant to CPLR 3211(a) to dismiss the amended complaint.

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The useful part

Benyaminpour v Lipton 2026 NY Slip Op 05072 August 26, 2026 Appellate Division, Second Department is the kind of appellate decision where the outlying claims are trimmed and the central claim is wiped out. In sum and substance, the plaintiff has repeated those allegations in this action against the defendants. Following the commencement of this action, the defendants moved pursuant to CPLR 3211(a) to dismiss the amended complaint.

How it works

  • In an order entered December 13, 2021, the Supreme Court granted the motion.

Details worth keeping

Here, accounting malpractice was dismissed as late. In an amended complaint, the plaintiff alleged, inter alia, causes of action sounding in fraud, aiding and abetting fraud, breach of fiduciary duty, aiding and abetting breach of fiduciary duty, breach of contract, civil conspiracy, and professional negligence.

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