SUPREME COURT OF
THE
STATE OF
NEW
ORK
COUNTY OF
New
YORK:
PART
0
Bruce Ovitz,
on behalf of himself and
all
others similarly situated
Index No.:
603692108
-against-
PRESENT:
X
--------------_-_-________1____________--------------------
DECISION/~RDER
Seq. No.: 001Plaintiff
(s),
Hon. Judith
J.
GischQBloomberg,
L.P.
and Bloomberg Finance
L.P.,
J.
S.
C.
Defendant
(s).
Upon the foregoing papers, the decision and
order
of
the
Zourt
is as follows:
This is an action arising from an automatic renewal provision in an agreementbetween the parties. Plaintiff is the lessee of information services and equipment;defendants are, collectively, the information providers. The court has before
it
defendants' pre-answer motion to dismiss the complaint for failure to state
a
cause
of
action and because plaintiff has failed to plead his negligent misrepresentation claimwith specificity.
CPLR
55
321 1 (a)
(7)
and 3016 (b). The motion is opposed by plaintiff.On a motion
to
dismiss pursuant to
CPLR §
321
1
et a/,
he pleading is to beafforded a liberal construction and the facts as alleged in the complaint must beaccepted by the court as true, and are to be accorded every favorable inference. Leonv. Martinez,
84
NY2d 83
(I
94);
Morone v,
Morone
50
NY2d 481 (I980);
Beattie
v,Page1 of 15
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