Legal Opinion
Vaughns v. Kirkland
Appellate Division of the Supreme Court of the State of New York
Decided June 7, 2011PublishedCited by 3 opinions
1Opinion of the Court
In an action, inter alia, to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Kings County (Lewis, J.), entered November 12, 2010, which denied his motion, inter alia, in effect, pursuant to CPLR 3211 (a) (1) to dismiss the complaint.
Ordered that the order is affirmed, with costs.
“A motion to dismiss pursuant to CPLR 3211 (a) (1) will be granted only if the ‘documentary evidence resolves all factual issues as a matter of law, and conclusively disposes of the plaintiffs claim’ ” (Fontanetta v John Doe 1, 73 AD3d 78, 83-84 [2010], quoting Fortis…
2Cases cited5 opinions
- Fontanetta v. John Doe 1Appellate Division of the Supreme Court of the State of New York · 2010
- Fortis Financial Services, LLC v. Fimat Futures USA, Inc.Appellate Division of the Supreme Court of the State of New York · 2002
- Laruccia v. Forchelli, Curto, Schwartz, Mineo, Carlino & Cohn, LLPAppellate Division of the Supreme Court of the State of New York · 2002
- Malarkey v. PielAppellate Division of the Supreme Court of the State of New York · 2004
- Williams v. Marvin Windows & DoorsAppellate Division of the Supreme Court of the State of New York · 2005
3Cited by3 opinions
- Marston v. General Electric Co.Appellate Division of the Supreme Court of the State of New York · 2014
- Marston v. General Electric Co.Appellate Division of the Supreme Court of the State of New York · 2014
- MarstonvGeneralElectricCompanyAppellate Division of the Supreme Court of the State of New York · 2014