Legal Opinion
Ponce v. Miao Ling Liu
Appellate Division of the Supreme Court of the State of New York
Decided December 10, 2014No. 2014-03452PublishedCited by 2 opinions
1Opinion of the Court
In an action to recover damages for personal injuries, etc., the defendant/third-party plaintiff appeals from an order of the Supreme Court, Queens County (McDonald, J.), dated December 24, 2013, which granted that branch of the motion of the third-party defendant which was pursuant to CPLR 3211 (a) (7) to dismiss the third-party complaint.
Ordered that the order is affirmed, with costs.
On a motion pursuant to CPLR 3211 (a) (7) to dismiss a complaint for failure to state a cause of action, the court must afford the pleading a liberal construction, accept the facts alleged in the pleading as…
2Cases cited8 opinions
- Leon v. MartinezNew York Court of Appeals · 1994
- Rovello v. Orofino Realty Co.New York Court of Appeals · 1976
- Mas v. Two Bridges AssociatesNew York Court of Appeals · 1990
- Raquet v. BraunNew York Court of Appeals · 1997
- Balkheimer v. SpantonAppellate Division of the Supreme Court of the State of New York · 2013
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3Cited by2 opinions
- Razdolskaya v. LyubarskyAppellate Division of the Supreme Court of the State of New York · 2018
- Rosenblatt v. MoraAppellate Division of the Supreme Court of the State of New York · 2026