Legal Opinion
RBS Citizens, N.A. v. Thorsen
Appellate Division of the Supreme Court of the State of New York
Decided March 30, 2010PublishedCited by 2 opinions
1Opinion of the Court
In an action to recover damages for negligent misrepresentation, the defendant appeals from an order of the Supreme Court, Rockland County (Bartlett, J.), dated May 6, 2009, which denied his motion to dismiss the complaint pursuant to CPLR 3211 (a) (7).
Ordered that the order is affirmed, with costs.
On a motion to dismiss a complaint pursuant to CPLR 3211 (a) (7), the court must give the complaint a liberal construction, accept all of the facts alleged in the complaint as true, and accord the plaintiff the benefit of every favorable inference in determining whether the facts alleged fit within…
2Cases cited4 opinions
- Leon v. MartinezNew York Court of Appeals · 1994
- Prudential Insurance v. Dewey, Ballantine, Bushby, Palmer & WoodNew York Court of Appeals · 1992
- J.A.O. Acquisition Corp. v. StavitskyNew York Court of Appeals · 2007
- Fresh Direct v. Blue Martini Software, Inc.Appellate Division of the Supreme Court of the State of New York · 2004
3Cited by2 opinions
- Remediation Capital Funding LLC v. NotoAppellate Division of the Supreme Court of the State of New York · 2017
- Yellin v. Revival Prop. Group, LLCAppellate Division of the Supreme Court of the State of New York · 2025