 v. CHICAGO TRIBUNE-NEW YORK NEWS SYNDICATE INC., etc., et al., Defendants-Respondents, and Daily Newspaper Distributing Corp., Defendant. First Department. Before SULLIVAN, J.P., and ROSENBERGER, ELLERIN and KUPFERMAN, JJ. MEMORANDUM DECISION. Order, Supreme Court, New York County (Beverly Cohen, J.), entered April 15, 1993, which granted the defendants' motion pursuant to CPLR 3211(a)(7) and 3016(b) to dismiss, with prejudice, the first and second causes of action of the plaintiffs' complaint, unanimously affirmed, without costs. On a motion addressed to the sufficiency of a complaint pursuant to CPLR Page 147 3211(a)(7), the facts pleaded are presumed to be true and are accorded every favorable inference. However, allegations consisting of bare legal conclusions, as well as factual claims inherently incredible or flatly contradicted by documentary evidence are not entitled to such consideration (see, Mark Hampton, Inc. v. Bergreen, 173 A.D.2d 220, 570 N.Y.S.2d 799). The IAS court properly dismissed,
without leave to replead, the plaintiffs'
first cause of action, purporting to set
forth a cause of action for breach of
contract, as too indefinite, and therefore,
unenforceable, for plaintiffs' failure to
allege, in nonconclusory language, as
required, the essential terms of the
parties' purported personal services
contract, including those specific
provisions of the contract upon which
liability is predicated (Chrysler
Capital Corp. v. Hilltop Egg Farms, 129
A.D.2d 927, 928, 514 N.Y.S.2d 1002),
whether the alleged agreement was, in fact,
written or oral (Bomser
v. Moyle, 89 A.D.2d 202, 205, 455 N.Y.S.2d
12), and the rate of compensation
(Cooper Sq. Realty v. A.R.S. Mgt., Plaintiffs' second cause of
action for purported fraud constitutes a
mere restatement of their breach of contract
claim (Kamyr, Inc. v. Combustion Eng'g, 198
A.D.2d 44, 603 N.Y.S.2d 451, 452) and failed
to contain the essential elements of the
alleged fraud, i.e., representation of a
material fact, falsity, knowledge, intent to
deceive, reliance and damages, with the
requisite particularity pursuant to CPLR
3016(b) (Bank Leumi Trust Co. v. D'Evori
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