Levin v. Kitsis
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
On a motion to dismiss pursuant to CPLR 3211 (a) (1), “dismissal is warranted only if the documentary evidence submitted *1052conclusively establishes a defense to the asserted claims as a matter of law” (Leon v Martinez, 84 NY2d 83, 88 [1994]; see Goshen v Mutual Life Ins. Co. of N.Y., 98 NY2d 314, 326 [2002]). Here, the Supreme Court properly concluded that the documentation submitted by the appellants in support of that branch of their cross motion which was to dismiss the complaint pursuant to CPLR 3211 (a) (1) insofar as asserted against them for lack of standing failed to conclusively…
2Cases cited28 opinions
- Leon v. MartinezNew York Court of Appeals · 1994
- Goshen v. Mutual Life InsuranceNew York Court of Appeals · 2002
- Lama Holding Co. v. Smith Barney Inc.New York Court of Appeals · 1996
- Channel Master Corp. v. Aluminium Limited Sales, Inc.New York Court of Appeals · 1958
- Brown v. LockwoodAppellate Division of the Supreme Court of the State of New York · 1980
23 more not listed; retrieve them via the Exa API.
3Cited by47 opinions
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- Bigio v. Coca-Cola Co.Court of Appeals for the Second Circuit · 2012
- Transeo S.A.R.L. v. Bessemer Venture Partners VI L.P.District Court, S.D. New York · 2013
- Canzona v. AtanasioAppellate Division of the Supreme Court of the State of New York · 2014
- Goel v. RamachandranAppellate Division of the Supreme Court of the State of New York · 2013
42 more not listed; retrieve them via the Exa API.