Commercial Division Provides a Reminder to Practitioners that Failing to Plead All Elements of a Breach of Contact Action Will Result in Dismissal

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It is a basic rule of pleading that in order to state a cause of action, all elements of a cause of action must be pled in a complaint. However, because “notice pleading” is all that is required, the temptation exists to be overly vague when pleading causes of action. In GS Agrifuels Corp. v. Chaykin, Index No. 101401/2009 (Sup. Ct. N.Y. County August 3, 2010) (“Chaykin”), the Commercial Division provided practitioners with a reminder that failing to plead all elements of a claim will result in dismissal for failure to state a cause of action.

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