Legal Opinion

O'Riley v. Unique Vacations, Inc.

Appellate Division of the Supreme Court of the State of New York

Decided May 23, 1994Published

1Opinion of the Court

—In an action to recover damages for personal injuries, the plaintiff appeals *611from an order of the Supreme Court, Richmond County (Cu-sick, J.), dated August 3, 1992, which granted the motion of the defendant Unique Vacations, Inc., to dismiss the amended complaint insofar as asserted against it.

Ordered that the order is affirmed, with costs.

A complaint is subject to dismissal pursuant to CPLR 3211 (a) (7) when the pleading is comprised of little more than factual claims which are either inherently incredible or flatly contradicted by documentary evidence (see, Lovisa Constr. Co. v…

2Cases cited1 opinion

  1. Lovisa Construction Co. v. Metropolitan Transportation AuthorityAppellate Division of the Supreme Court of the State of New York · 1993

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