Urban Soccer Inc. v Royal Wine Corp. (2016 NY Slip Op 26250)
Urban Soccer Inc. v Royal Wine Corp.
2016 NY Slip Op 26250 [53 Misc 3d 448]
August 5, 2016
Kornreich, J.
Supreme Court, New York County
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, October 26, 2016
[*1]
Urban Soccer Inc., Plaintiff,
v
Royal Wine Corporation, Defendant.
Supreme Court, New York County, August 5, 2016
APPEARANCES OF COUNSEL
Snitow Kanfer & Holtzer, LLP for defendant.
Trachtenberg Rodes & Friedberg LLP for plaintiff.
{**53 Misc 3d at 448} OPINION OF THE COURT
Shirley Werner Kornreich, J.
{**53 Misc 3d at 449}Defendant Royal Wine Corporation moves (1) pursuant to CPLR 3211, to dismiss the complaint; and (2) for sanctions due to the complaint's supposed frivolity. Plaintiff Urban Soccer Inc. opposes the motion. For the reasons that follow, Royal's motion to dismiss is granted and sanctions are denied.
I. Factual Background and Procedural History
As this is a motion to dismiss, the facts recited are taken from the complaint (see Doc No. 2)[FN1] and the parties' documentary evidence and supplemental submissions.[FN2]