Legal Opinion
Jackal Holdings, LLC v. JSS Holding Corp.
Appellate Division of the Supreme Court of the State of New York
Decided November 14, 2005PublishedCited by 3 opinions
1Opinion of the Court
In an action, inter alia, to recover on a promissory note, the plaintiff appeals from so much of an order of the Supreme Court, Kings County (F. Rivera, J.), dated February 18, 2005, as denied its motion pursuant to CPLR 3211 (a) (7) to dismiss the counterclaim for failure to state a cause of action.
Ordered that the order is affirmed insofar as appealed from, with costs.
The court’s role on this motion pursuant to CPLR 3211 (a) (7) was to determine whether the counterclaim stated a cause of action. “The motion must be denied if from the pleadings’ four corners ‘factual allegations are…
2Cases cited4 opinions
- 511 West 232nd Owners Corp. v. Jennifer Realty Co.New York Court of Appeals · 2002
- Polonetsky v. Better Homes Depot, Inc.New York Court of Appeals · 2001
- ICC Bridgeport Limited Partnership v. Primrose Development Corp.Appellate Division of the Supreme Court of the State of New York · 1995
- Dresser v. Mercantile Trust Co.Appellate Division of the Supreme Court of the State of New York · 1908
3Cited by3 opinions
- Morgan v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2006
- Pellarin v. Moon Bay Development Corp.Appellate Division of the Supreme Court of the State of New York · 2006
- Aroesty v. Farash Corp.Appellate Division of the Supreme Court of the State of New York · 2010