Legal Opinion
Friends of Avalon Preparatory School, Inc. v. Ehrenfeld
Appellate Division of the Supreme Court of the State of New York
Decided April 26, 2004PublishedCited by 12 opinions
1Opinion of the Court
In an action, inter alia, to recover damages for breach of contract, the defendants appeal from an order of the Supreme Court, Kings County (Vaughan, J.), dated October 23, 2002, which denied their motion to dismiss the complaint pursuant to CPLR 3211 (a) (5) and for summary judgment on two of their counterclaims.
Ordered that the order is modified, on the law, by deleting the provision thereof denying that branch of the defendant’s motion which was to dismiss the complaint pursuant to CPLR 3211 (a) (5) and substituting therefor a provision granting that branch of the motion and severing the…
2Cases cited5 opinions
- Zuckerman v. City of New YorkNew York Court of Appeals · 1980
- Marine Midland Bank-Southern v. ThurlowNew York Court of Appeals · 1981
- Shklovskiy v. KhanAppellate Division of the Supreme Court of the State of New York · 2000
- N.J. Boys, Inc. v. EkleccoAppellate Division of the Supreme Court of the State of New York · 2003
- National Surety Corp. v. M. Parisi & Son Construction Co.Appellate Division of the Supreme Court of the State of New York · 1997
3Cited by12 opinions
- A.A. Truck Renting Corp. v. Navistar, Inc.Appellate Division of the Supreme Court of the State of New York · 2011
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- Seff v. MeltzerAppellate Division of the Supreme Court of the State of New York · 2008
- Elbroji v. 22 East 54th Street Restaurant Corp.Appellate Division of the Supreme Court of the State of New York · 2009
- Bodisher v. HofmannAppellate Division of the Supreme Court of the State of New York · 2008
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