Majority
Order, Supreme Court, New York County (Shirley Werner Kornreich, J.), entered June 14, 2012, which granted defendant Deutsche Bank Alex. Brown, a Division of Deutsche Bank Securities, Inc.’s motion to dismiss the complaint as against it, and denied plaintiff’s cross motion to amend the complaint, unanimously affirmed, without costs.
Plaintiff’s allegations against Deutsche Bank are not entitled to be deemed true, since they consist of bare legal conclusions and factual assertions that are flatly contradicted by the documentary evidence showing that Deutsche Bank was not a party to the written agreements at issue (see Biondi v Beekman Hill House Apt. Corp., 257 AD2d 76 , 81 [1st Dept 1999], affd 94 NY2d 659 [2000]). In support of its noncontractual causes of action, plaintiff does not sufficiently allege, nor do the evidentiary submissions show, that any relationship, contractual, fiduciary, or otherwise, existed between it and Deutsche Bank, or that
Plaintiff failed to submit a proposed amended pleading with his motion for leave to amend the complaint (see CPLR 3025 [b]). Concur—Friedman, J.P., Renwick, Manzanet-Daniels, Román and Clark, JJ.
Cases cited
- Biondi v. Beekman Hill House Apartment Corp. 257 AD2d 76 at 81 p. 552
- Biondi v. Beekman Hill House Apartment Corp. 94 NY2d 659 p. 552
- Roslyn Union Free School District v. Barkan 16 NY3d 643 at 653 p. 553
- Colavito v. New York Organ Donor Network, Inc. 8 NY3d 43 p. 553
- Bradkin v. Leverton 26 NY2d 192 at 199 p. 553
- Georgia Malone & Co. v. Rieder 86 AD 3d 406 at 408 p. 553
- Georgia Malone & Co. v. Rieder 19 NY3d 511 p. 553
- Kopelowitz & Co. v. Mann 83 AD3d 793 at 798 p. 553