Legal Opinion

Kings Medical Management, Inc. v. Baker, Sanders, Barshay, Grossman, Fass, Muhlstock & Neuwirth, P.C.

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

Decided October 5, 2010Published

1Opinion of the Court

In an action, inter alia, for an accounting and to recover certain accounts receivable, the plaintiff appeals from an order of the Supreme Court, Kings County (Jacobson, J.), dated March 19, 2010, which granted the defendants’ motion pursuant to CFLR 3211 to dismiss the complaint.

Ordered that the order is reversed, on the law, with costs, and the defendants’ motion pursuant to CFLR 3211 to dismiss the complaint is denied.

*627“On a motion to dismiss pursuant to CPLR 3211, the pleading is to be afforded a liberal construction (see, CPLR 3026). We accept the facts as alleged in the complaint as…

2Cases cited10 opinions

  1. Leon v. MartinezNew York Court of Appeals · 1994
  2. Striker v. . DalyNew York Court of Appeals · 1918
  3. McNerney v. Ætna Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1954
  4. 330 Acquisition Co. v. Regency Savings Bank, F.S.B.Appellate Division of the Supreme Court of the State of New York · 2003
  5. Glendening v. Western Union Telegraph Co.Appellate Division of the Supreme Court of the State of New York · 1914

5 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API