Legal Opinion
Devlin v. Video Services Acquisition
Appellate Division of the Supreme Court of the State of New York
Decided December 10, 1992PublishedCited by 7 opinions
1Opinion of the Court
Order, Supreme Court, New York County (Beatrice Shainswit, J.), entered on or about July 9, 1991, which, inter alia, denied plaintiffs’ motion to dismiss defendants’ counterclaims pursuant to CPLR 3211 (a) (1) and (7), unanimously affirmed, with costs.
Dismissal on the basis of documents is inappropriate if the documents do not "definitively dispose of the claim” (Demas v 325 W. End Ave. Corp., 127 AD2d 476, 477). We agree with the IAS Court that issues of fact exist with respect to all of the counterclaims that cannot be resolved solely on the pleadings and proffered documents.
We have not…
2Cases cited2 opinions
- City of New York v. StackAppellate Division of the Supreme Court of the State of New York · 1991
- Demas v. 325 West End Avenue Corp.Appellate Division of the Supreme Court of the State of New York · 1987
3Cited by7 opinions
- Federated Department Stores, Inc. v. Twin City Fire InsuranceAppellate Division of the Supreme Court of the State of New York · 2006
- District Council 37 v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2005
- Amico v. Graphic Arts Leasing, Ltd.Appellate Division of the Supreme Court of the State of New York · 1996
- Pine v. Coppola N.Y.C., Inc.Appellate Division of the Supreme Court of the State of New York · 2002
- Devlin v. Video Services Acquisition Corp.Appellate Division of the Supreme Court of the State of New York · 1993
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