Legal Opinion
Fisher v. City of Syracuse
New York Supreme Court
Decided March 27, 1974PublishedCited by 6 opinions
1Opinion of the CourtWilliam R. Roy, J.
The defendants in each of the above-entitled actions have moved, pursuant to CPLR 3211, to dismiss the complaints on the ground that they fail to state a cause of action. Since both cases involve common questions of law and fact, this court will consider them together.
In considering these motions to dismiss, the court will apply the rules of liberal construction of the pleadings (Walkovsky v. Carlton, 18 N Y 2d 414; CPLR 3026); the acceptance as true of the material allegations of fact contained in the complaints and the truth of any reasonable inferences that may be drawn therefrom (Garvin…
2Cases cited7 opinions
- Knox v. LeeSupreme Court of the United States · 1871
- Danforth v. United StatesSupreme Court of the United States · 1939
- Sauer v. City of New YorkSupreme Court of the United States · 1907
- Sauer v. . City of New YorkNew York Court of Appeals · 1904
- Garvin v. GarvinNew York Court of Appeals · 1953
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Thompson v. Tualatin Hills Park & Recreation DistrictDistrict Court, D. Oregon · 1980
- Fisher v. City of SyracuseAppellate Division of the Supreme Court of the State of New York · 1974
- Broadway 41st Street Realty Corp. v. New York State Urban Development Corp.District Court, S.D. New York · 1990
- Bowers v. County of EssexNew York Supreme Court · 1983
- Horizon Adirondack Corp. v. StateNew York Court of Claims · 1976
1 more not listed; retrieve them via the Exa API.